Standard Fire at Use in Practice in Arkansas
Deaton v. Frito-Lay N. America, Inc., 2013 WL
2455941 (W.D. Ark. June 5, 2013).
Relying on the recent Supreme Court's decision in
Standard Fire that "to defeat CAFA jurisdiction, a
stipulation must be binding, and a plaintiff bringing a proposed
class action cannot bind members of the proposed class before it is
certified," Western District Court of Arkansas vacated its
earlier remand order after remand from the Eighth
Circuit.
The plaintiff brought an action in Ouachita County Court,
Arkansas, alleging that the defendants deceptively marketed several
of its products, including Tostitos and SunChips as "All
Natural" when in fact these products contained genetically
modified corn and hexane-extracted soybean oil. The plaintiff
asserted violation of the Arkansas Deceptive Trade Practices Act,
and that the defendants were unjustly enriched at her
expense.
