## Facts

- Parents of toddlers bought Gerber “Fruit Juice Snacks,” alleging they sought healthy snacks and relied on the Gerber brand.
- The package front stated “Fruit Juice” and displayed images of fruits (e.g., oranges, peaches, strawberries, cherries).
- Plaintiffs alleged the product contained no juice from the pictured fruits and that the only juice was white grape juice from concentrate.
- A side-panel statement claimed the snacks were made “with real fruit juice and other all natural ingredients,” while plaintiffs alleged the most prominent ingredients were corn syrup and sugar.
- Another statement described the snacks as “one of a variety of nutritious Gerber Graduates foods and juices.”
- Plaintiffs alleged additional misleading aspects, including labeling the product as a “snack” rather than a candy/treat and asserting “naturally flavored” in allegedly noncompliant type size.
- Plaintiffs alleged that, taken together, the packaging conveyed that the product contained the pictured fruits, was made of all-natural ingredients, and was a nutritious, healthy toddler snack.
- After suit commenced, Gerber allegedly modified the packaging by removing “nutritious” and shortening the “all natural ingredients” statement.

## Issues

1. Whether the complaint plausibly alleged that the product’s packaging was likely to deceive a reasonable consumer under California’s UCL and CLRA (and related common-law theories).
2. Whether an accurate ingredient list on the package defeats deception claims as a matter of law at the pleading stage.
3. Whether compliance with FDA labeling regulations bars or defeats state-law claims challenging allegedly misleading packaging.

## Decision

- The Ninth Circuit reversed the Rule 12(b)(6) dismissal and remanded.
- The court held plaintiffs plausibly stated claims under the UCL and CLRA because reasonable consumers could be misled by the packaging’s overall presentation.
- The court held it was error to dismiss based on the view that no reasonable consumer would be deceived given the ingredient list.
- The court also reinstated related common-law misrepresentation and warranty claims because the same alleged misleading packaging supported them at the pleading stage.

## Legal Principles

- Under the UCL and CLRA, plaintiffs must plausibly allege that members of the public are likely to be deceived under a reasonable-consumer standard.
- Whether packaging is likely to mislead a reasonable consumer is typically fact-bound and often unsuitable for resolution on a motion to dismiss when the allegations plausibly support deception.
- Courts evaluate the overall impression created by the totality of packaging, including product name, imagery, and marketing statements.
- An accurate ingredient list does not automatically cure or negate potentially misleading front-label or other representations; manufacturers may not rely on the ingredient list as a liability shield at the pleading stage.
- Compliance with FDA labeling requirements does not, by itself, preclude state-law consumer protection claims premised on allegedly deceptive marketing and labeling as a whole.

## Conclusion

The Ninth Circuit held that parents plausibly alleged Gerber’s “Fruit Juice Snacks” packaging could mislead reasonable consumers about the presence of real fruit and the product’s healthfulness, and that the case could not be dismissed merely because an ingredient list appeared on the package.


Williams v. Gerber Prods. Co., 552 F.3d 934 (9th Cir. 2008)