2nd Circuit Affirms Expert Exclusion, Summary Judgment In Food Labeling Case

Mealey's ( May 3, 2024, 2:16 PM EDT) -- NEW YORK — A district court properly excluded testimony from experts retained by a class of consumers who alleged that an “All Natural” claim on snack foods and granola bars is deceptive or misleading, the Second Circuit U.S. Court of Appeals said May 2, and because they failed to show that the company’s label would deceive a reasonable consumer, the court affirmed summary judgment and found that arguments that the court erred in decertifying the class are moot....