Pardini v. Unilever United States Inc., No. 21-16806, 2023 U.S. App. LEXIS 9166 (9th Cir. Apr. 18, 2023)
The Federal Food, Drug, and Cosmetic Act preempted plaintiff's claim that defendant's label on "I Can't Believe It's Not Butter! Spray" misleadingly listed 0 calories and 0 grams of fat by using artificially small serving sizes. The FDA sets serving sizes for labeling purposes by type of food product. The Butter! Spray was a "spray" not "butter." And the label… Read More