Chobani Yogurt Suit Gets Reinstated, Put on Hold

A would-be class suit challenging Chobani yogurt labels was reinstated, but put on hold while the Food and Drug Administration addresses the terms “natural” and “evaporated cane juice” in food labeling (Kane v. Chobani, LLC, 9th Cir., 14-15670, unpublished 3/24/16).

Doing what seemed likely after oral argument, the U.S. Court of Appeals for the Ninth Circuit March 24 directed the district court to stay the consumer suit under the primary jurisdiction doctrine.

Most of the judges’ questions March 16 centered on primary jurisdiction, or whether the FDA should decide in the first instance if consumers would be ...