A California federal court has granted voluntary dismissal to the plaintiff
in a putative class action alleging P.F. Chang’s China Bistro Inc. discriminates
against customers with a gluten allergy by adding a surcharge to
gluten-free dishes. Phillips v. P.F. Chang’s China Bistro Inc., No. 15-0344
(N.D. Cal., San Jose Div., order entered June 6, 2016). The order granted
dismissal to the plaintiff with prejudice but without prejudice as to the
putative class, leaving the possibility that another plaintiff may step into
the lead plaintiff role. The court also imposed the defendant’s costs on
the plaintiff. Details on the complaint appear in Issue 555 of this Update.


Issue 607

About The Author

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.