The 9th Circuit has affirmed in part and reversed in part the dismissal of a putative class action that alleges that ConAgra falsely advertised its frozen chicken products as “natural” and “preservative-free” when they in fact contained synthetic ingredients. In its decision the 9th Circuit made clear that, on limited remand, the parties should submit evidence only about whether the USDA’s Food Safety & Inspection Service reviewed and approved ConAgra’s label because plaintiffs’ claims will be entirely pre-empted if FSIS approved the label.
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