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Gerber Baby Food|Class Action Dismissed

SAN JOSE (CN) - A federal judge granted Gerber baby food summary judgment in a class action that claimed it deceived consumers by labeling sugar-laden snacks as good for toddlers.

A federal judge dismissed the case in 2007, but the 9th Circuit reinstated it in 2008 .

Natalia Bruton et al. claimed that Gerber mislabeled its Fruit Juice Snacks as "nutritious" and "made with real fruit juice," with photos of oranges, peaches, strawberries and cherries on the labels, though the main ingredients were corn syrup and sugar, and the only juice was grape concentrate.

A federal judge dismissed the claim as puffery in 2008, but U.S. District Judge Dean Pregerson reinstated it, writing: "We do not ... think that a busy parent walking through the aisles of a grocery store should be expected to verify that the representations on the front of the box are confirmed in the ingredient list."

On Dec. 18, however, U.S. District Judge Lucy Koh granted Gerber summary judgment, finding that Bruton failed to show that the products are deceptive or unlawfully misbranded.

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