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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more healthful than other brands is reinstated by the Ninth Circuit ( Bishop v. 7-Eleven, Inc., 9th Cir., No. 12-02621, unpublished 6/7/16 ).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 firstname.lastname@example.org
The unpublished order is available at http://www.bloomberglaw.com/public/document/Bishop_v_7Eleven_Inc_Docket_No_512cv02621_ND_Cal_May_21_2012_Cour/3.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.
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