A federal court in California has denied Nabisco, Inc.’s request that it reconsider a previous ruling granting a motion to remand a consumer fraud class action to state court for failing to satisfy the amount in controversy for diversity jurisdiction under the Class Action Fairness Act. Garcia v. Nabisco, Inc., No. 12-04272 (C.D. Cal., decided September 26, 2012). Because the product targeted by the plaintiff, “Wheat Thins 100% Whole Grain” crackers, is no longer on the market, the court rejected an estimate of expenses that would be incurred, if the plaintiffs succeed, to reformulate product packaging for other newly formulated products, “which are not the subject matter of this action.”

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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