Ninth Circuit Affirms Class Decertification Order But Reverses Summary Judgment In "All Natural" Foods Label Case

On September 30, 2016, in a closely watched case, the Ninth Circuit affirmed a district court's decertification ruling based on a faulty damages model but reversed in part the district court's ruling that "All Natural Fruit" labeling on Dole products is not likely to deceive consumers. Brazil v. Dole Packaged Foods, LLC, No. 14-17480 (9th Cir. Sept. 30, 2016) (unpublished). The opinion is unpublished but will likely have repercussions for class actions in and out of the Ninth Circuit.

District Court—Decertifying the Class and Granting Summary Judgment

The plaintiff in Brazil claimed Dole's "All Natural" label was misleading because the products contained synthetic citric and ascorbic acids. Among other claims, he alleged violations of various California consumer protection statutes and sought to certify a class. Initially, the district court certified an injunction class under Rule 23(b)(2) and a damages class under Rule 23(b)(3). On Dole's motion, the district