Venable partner Angel Garganta was quoted in a February 27, 2017, FoodNavigator article on the odds of the Supreme Court getting involved in the ConAgra "100% natural" labeling case. Following a recent Ninth Circuit decision consolidating lawsuits in multiple states, ConAgra plans to ask the Supreme Court for a writ of certiorari to clarify how members of a class are identified. In a January opinion, a Ninth Circuit judge said requiring plaintiffs to demonstrate an "administratively feasible" way of identifying class members, such as through receipts of purchased item, should not be a prerequisite for class certification.
"It's unusual for the Supreme Court to grant a writ of certiorari, but this is one case where it very well might, as there is a split within the circuit on the issue of whether there is an ascertainability requirement as part of rule 23, so this is potentially a very big deal for the food industry," said Garganta.