Del Real, LLC v. Harris

MEMORANDUM DECISION AND ORDER RE CROSS MOTIONS FOR SUMMARY JUDGMENT (DOCS. 26 & 37)

LAWRENCE J. O’NEILL, District Judge.

I. INTRODUCTION

Plaintiff Del Real, LLC (“Del Real”) prepares, packages, and sells fully cooked meat and poultry dishes that are distributed and sold throughout California. Several California counties have threatened enforcement actions against Del Real, alleging that Del Real’s products are packaged in violation of the nonfunctional slack fill provisions of the California Fair Packaging and Labeling Act (“CFPLA”), Cal. Bus. & Prof.Code §§ 12606, 12606.2. Del Real challenges…