Ninth Circuit Partially Reverses “All Natural” Summary Judgment in Dole Case

The Ninth Circuit Court of Appeals has reversed a grant of summary
judgment to Dole Packaged Foods in a lawsuit alleging the company
misleads consumers by labeling its packaged fruit products as “all
natural” in violation of California consumer-protection statutes. Brazil
v. Dole Packaged Foods, No. 12-1831 (9th Cir., order entered September
30, 2016).

The appeals court reviewed the evidence before it—including the
plaintiff’s testimony that the “all natural” label deceived him, the label
itself, Dole’s consumer surveys and U.S. Food and Drug Administration
warning letters—and found that “this evidence could allow a trier of
fact to conclude that Dole’s description of its products as ‘All Natural
Fruit’ is misleading to a reasonable consumer.” Accordingly, the court reversed the grant of summary judgment and remanded the case to the
district court.

The Ninth Circuit affirmed the district court’s dismissal of claims alleging
Dole sold “illegal products.” The plaintiff “seems to be suggesting that
Dole’s website statements about certain fruit products subject him to risk
of fine or prosecution if he is found in possession of that fruit product,”
the court noted. “We are unable to find support for this outlandish theory
in the decisions of the California courts.”

Issue 619