Legal Opinion
Williams Ex Rel. Tabiu v. Gerber Products Co.
Court of Appeals for the Ninth Circuit
Decided April 21, 2008No. 06-55921PublishedCited by 23 opinions
1Opinion of the Court
PREGERSON, Circuit Judge:
Named class members Nakia Williams and Rita Tabiu (“Appellants”), parents of small children, brought a class action against Gerber Products Company (“Gerber”). An amended complaint alleged that Gerber deceptively marketed its “Fruit Juice Snacks” (“Snacks”) a food product developed for toddlers. The district court granted Gerber’s motion to dismiss under Rule 12(b)(6). We have jurisdiction under 28 U.S.C. § 1291, and we reverse.
I. BACKGROUND
Appellants bought Gerber’s Fruit Juice Snacks because they sought healthy snacks for their children (ages two and three) and…
2Cases cited18 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Bank of the West v. Superior CourtCalifornia Supreme Court · 1992
- Committee on Children's Television, Inc. v. General Foods Corp.California Supreme Court · 1983
- Kasky v. Nike, Inc.California Supreme Court · 2002
- Stoner v. Santa Clara County Office of EducationCourt of Appeals for the Ninth Circuit · 2007
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3Cited by23 opinions
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- Clarke v. UptonDistrict Court, E.D. California · 2010
- Parkinson v. Hyundai Motor AmericaDistrict Court, C.D. California · 2008
- In Re Ferrero LitigationDistrict Court, S.D. California · 2011
- C.B. v. Sonora School DistrictDistrict Court, E.D. California · 2010
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