Judge Koh Awards Double Victory In "Natural" Labeling Class Action Against Dole, Granting Decertification And Summary Judgment

As the food "misbranding" litigation continues to fill courts' dockets, Judge Lucy H. Koh recently put an end to the two-year battle against Dole's packaged fruit labeling in the Northern District of California. Dole (represented by a team of MoFo litigators led by William Stern) was first successful in decertifying the Rule 23(b)(3) "damages" class, and then won its motion for summary judgment. The case is called Brazil v. Dole Packaged Foods, LLC, No. 12-cv-01831-LHK (N.D. Cal.).

Plaintiff sued Dole in 2012, claiming the label statement "All Natural Fruit" was false and misleading because Dole's products contained citric acid and ascorbic acid. In May 2014, Judge Koh granted certification of a Rule 23(b)(3) "damages" class of California consumers, as well as a Rule 23(b)(2) "injunctive relief" class of nationwide consumers. The case was scheduled for trial in January 2015.