ConAgra Won’t Get SCOTUS Look at Labeling Suits

The U.S. Supreme Court Oct. 10 passed up yet another chance to consider a class issue that has divided appeals courts, this time in a food labeling case (ConAgra Brands, Inc. v. Briseno, U.S., No. 16-1221, review denied 10/10/17).

Robert Briseno sued ConAgra Brands Inc. alleging he and other oil buyers were duped into overpaying for Wesson oil labeled as “natural” that contains genetically modified ingredients.

In January, the U.S. Court of Appeals for the Ninth Circuit upheld certification of 11 statewide classes. The plaintiffs didn’t have to show an “administratively feasible” way to identify class members—purchasers—as a ...