Bimbo Bakeries Suit On Hold Pending Ninth Circuit Class Certification Appeals

We've recently reported on numerous district court—and even Ninth Circuit—stays in false advertising actions. Many of these stays have been based on FDA's consideration of food labeling issues, such as those involving evaporated cane juice (ECJ), the term "natural" or the presence of partially hydrogenated oils (PHOs) in food products. But courts have also stayed cases pending the Ninth Circuit's review of class certification decisions in misbranding cases, finding that appellate guidance will aid in courts' consideration of these issues.

Now, a mislabeling action against Bimbo Bakeries has been stayed on the latter ground:  Ang v. Bimbo Bakeries USA, Inc., No. 13-cv-01196-HSG (N.D. Cal. March 31, 2016) (Dkt. No. 161) ("Order"). Bimbo is at least the sixteenth Northern District decision to put mislabeling claims on hold pending the Ninth Circuit's review.