Lilly v. Conagra Foods Inc., No. 12-55921 (9th Cir.): Plaintiff appealed dismissal of her putative class action complaint on federal preemption grounds.  Plaintiff had alleged claims under California’s consumer protection and unfair competition laws, contending that the labeling of defendant’s sunflower seed products misleadingly provided a lower sodium content than the product contained.  The panel held that the entire sodium content must be included, under the federal Nutrition Labeling and Education Act (“NLEA”), and that because plaintiff’s state-law claims would impose no greater burden than under federal law, her state law claims were not preempted.  District Judge Vinson dissented, arguing that plaintiff’s attempt to enforce different labeling was expressly preempted by the NLEA and that the labeling was in compliance with federal law.  Order.

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Photo of Charles Sipos Charles Sipos

Charles Sipos is a class action litigator with more than two decades of experience focusing on technology, consumer goods, and privacy issues.

He litigates class actions nationwide and has appeared and argued on behalf of defendants in federal courts, including in California, Colorado…

Charles Sipos is a class action litigator with more than two decades of experience focusing on technology, consumer goods, and privacy issues.

He litigates class actions nationwide and has appeared and argued on behalf of defendants in federal courts, including in California, Colorado, the District of Columbia, Florida, Illinois, New Jersey, New York, Massachusetts, Minnesota, Oregon, Washington, and the U.S. Courts of Appeals for the Second, Seventh, Ninth, and Eleventh Circuits. Charles’ litigation successes have included dismissals and summary judgment based on lack of Article III injury, statutory standing under consumer protection laws, federal preemption, primary jurisdiction, failure to allege damages, First Amendment protection for commercial speech, the “reasonable consumer” standard, and related defenses.