The Product Safety & Liability Reporter™ provides updates on significant developments and issues in product safety and liability litigation and regulation, plus analysis from top litigators. Get...
June 8 — A would-be class suit alleging the packaging of 7-Eleven potato chips makes the chips seem more healthful than other brands is reinstated by the Ninth Circuit ( Bishop v. 7-Eleven, Inc., 9th Cir., No. 12-02621, unpublished 6/7/16 ).
Scott Bishop sufficiently alleged he relied on “0g trans fat” and “no cholesterol” statements, and wouldn't have bought the chips if the bag had included a required disclosure that directed consumers to information elsewhere on the package about total fat, the court said June 7.
Bishop contended he relied on the label, believing the 7-Eleven snacks were nutritionally better than other potato chips, whose packaging lacked such statements.
Bishop argued that the labels were misleading without the disclosure. It was required under federal food labeling regulations because of the total amount of fat in the chips, he said.
California's consumer protection statutes render statements that have a tendency to mislead consumers because they fail to direct a consumer's attention to other important information actionable, the U.S. Court of Appeals for the Ninth Circuit said.
Bishop was represented by Pratt & Associates and Don Barrett, P.A.
7-Eleven was represented by Venable LLP and Arnold & Porter LLP.
To contact the reporter on this story: Julie A. Steinberg in Washington at email@example.com
The unpublished order is available at http://www.bloomberglaw.com/public/document/Bishop_v_7Eleven_Inc_Docket_No_512cv02621_ND_Cal_May_21_2012_Cour/3.
The second amended complaint is at http://www.bloomberglaw.com/public/document/Bishop_v_7Eleven_Inc_Docket_No_512cv02621_ND_Cal_May_21_2012_Cour/4.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)