9th Cir. Reinstates Sherman Act, Unjust Enrichment Claims Against Baby Food Maker

SAN FRANCISCO — The 9th Circuit U.S. Court of Appeals has reinstated a lawsuit accusing Sprout Foods Inc. of misbranding its baby food products, ruling that the plaintiff’s Sherman Law and unjust enrichment claims are not impliedly preempted by federal law.

In a June 28 opinion, the appellate panel majority explained that the federal food labeling statute at issue allows states to enact labeling standards so long as they are identical to the federal standards, and California has done that.

Gillian and Samuel Davidson alleged Sprout Foods Inc. sold misbranded baby and toddler food products and misled consumers “into …