Neal Marder Speaks with Daily Journal for Podcast on 9th Circuit Ruling in Food Labeling Case

Akin Gump litigation partner Neal Marder participated in Daily Journal’s “Weekly Appellate Report Podcast, reviewing Brazil v. Dole, a memorandum food mislabeling opinion from the U.S. Court of Appeals for the 9th Circuit. As Daily Journal reports, the case involved a claim that Dole Food Company labeled certain fruit products as ‘All Natural,’ even though they contained certain synthetic ingredients. The suit alleged that the labels were misleading.

Marder first provides some background on the case, noting the plaintiff argued that Dole had violated several California laws in the marketing of its product and engaged in “misleading conduct.” Some of the plaintiff’s claims were rejected at the district court level. In the end, however, Marder said the appellate court reversed “the district court’s granting of summary judgment as to [the plaintiff’s] individual claim for deceptive advertising. The 9th circuit disagreed with Judge Koh and found that a reasonable consumer could be misled by Dole’s use of ‘All natural’ on products that contain two synthetic acids.”

Marder also co-wrote an article on this case for Law360. To read more of his analysis, please click here.