White v. Beech-Nut Nutrition Co.

1

Jordan White, Robert Partello, Erin Abdoo, Bridget Salopek, Olivia Boyer, Rebecca George, Corinthea Pangelinan, Elizabeth Austin, Stephanie Norgaard, Amanda Schram, LaToya McHenry, Erica Douglas, Tabitha Latteyer, Morgan Engebretsen, McGlinchKali, Amanda Rogers, Maurice Peterson, Sheila Curry, Katherine McGibney, Natalie Francois, Heather Malaga, Tamaya Stevenson, Liza Sike, Karleen Kozaczka, Mayelin Carranza, Ana Butkus, Monique Warren, Celia Bruno, Samantha Clark, Elizabeth McDowell, Jill Hayden, Brandi Slabinski, Kelsey Blankenship, Sammi Hobdy, Lisa Fisher, Porsche Stokes, Melanie Cole, Kinder Smith, Loukevia Moore, Xena Almquist, Nathan Edwards, Shaylan Isaacs, Albachiara Farci, Amber Wright, Christen Zulli, Krishna Patel, Derrick Carr, Malik Hockaday, Ashley Yates, Charita Harrell, Brittany Wallace, Andrew Lohse, Adrianne Cooper, Alyssa Megan Barb, Rebecca Abbott, Christina Mitchell, Brittney Moyer, Amanda Holmes, Amanda Boots, Dillon Townzen, Natalie Williams, Christina Allgood, AKA Christina Holland, Plaintiffs-Appellants, Jeremy Cantor, on behalf of themselves and all others similarly situated, Heather Hyden, on behalf of themselves and all others similarly situated, Haley Sams, on behalf of themselves and all others similarly situated, Vito Scarola, on behalf of themselves and all others similarly situated, Emily Baccari, on behalf of themselves and all others similarly situated, Jillian Geffken, on behalf of themselves and all others similarly situated, Kaitlynn Carson, on behalf of themselves and all others similarly situated, Consul Plaintiffs- Appellants, Laurie Thomas, individually and on behalf of all others similarly situated, Alison Kavulak, individually and on behalf of all others similarly situated, Jen MacLeod, individually and on behalf of all others similarly situated, Mary Narvaez, individually and on behalf of all others similarly situated, Alison Fleissner, individually and on behalf of all others similarly situated, Emily Bigaouette, individually and on behalf of all others similarly situated, Laura Eggnatz, individually and on behalf of all others similarly situated, Teresa Hagmaier, individually and on behalf of all others similarly situated, Nicole Fallon, individually and on behalf of all others similarly situated, Plaintiffs, Laura Peek, individually and on behalf of all others similarly situated, Robyn Moore, individually and on behalf of all others similarly situated, Gabrielle Stuve, individually and on behalf of all others similarly situated, Mattia Doyle, on behalf of himself and all other similarly situated, Lee Boyd, individually and on behalf of all others similarly situated, Ashley Allen, on behalf of themselves and all others similarly situated, Dominick Grossi, on behalf of themselves and all others similarly situated, Anthony Harrison, on behalf of themselves and all others similarly situated, Neisha Daniels, on behalf of themselves and all others similarly situated, Heather McCormick, on behalf of themselves and all others similarly situated, Hannah Grandt, on behalf of themselves and all others similarly situated, Amber Caudill, on behalf of themselves and all others similarly situated, Michael Motherway, individually and on behalf of all others similarly situated, Kathey Henry, individually and on behalf of all others similarly situated, Kelsey Gancarz, individually and on behalf of all others similarly situated, Atahsia Smiley, individually and on behalf of all others similarly situated, Najah A. Henry, individually and on behalf of all others similarly situated, Chanel J. Jackson, individually and on behalf of all others similarly situated, Alexis Dias, individually and on behalf of all others similarly situated, Holly Buffinton, individually and on behalf of all others similarly situated, Constance Venable, individually and on behalf of all others similarly situated, Teresa Wilson, individually, and on behalf of all others similarly situated, Ryan Sanders, individually, and on behalf of all others similarly situated, Susan Canada, individually, and on behalf of all others similarly situated, Tabatha Sidi, individually, and on behalf of all others similarly situated, Tiffanie Skibicki, individually, and on behalf of all others similarly situated, Heather Age, individually, and on behalf of all others similarly situated, Jolina Manley, individually, and on behalf of all others similarly situated, Jessica David, individually, and on behalf of all others similarly situated, Cassandra Martell, individually, and on behalf of all others similarly situated, Mieshia Douglas, individually, and, Jessica Loggins, on behalf of herself and all others similarly situated, Ana Lynette Gregory Eldridge, individually and on behalf of all others similarly situated, Emily Orsak, on behalf of themselves and a class of all others similarly situated, Julie Chatagnier, on behalf of themselves and a class of all others similarly situated, Marie Mezile, individually and on behalf of all others similarly situated, Alyssa Rose, on behalf of themselves and all others similarly situated, Myjorie Philippe, on behalf of themselves and all others similarly situated, Melissa Sisk, on behalf of themselves and all others similarly situated, Vanessa Inoa, on behalf of themselves and all others similarly situated, Asyia Andrews, individually and on behalf of all others similarly situated, Stacia Cullors, an individual, L. C., through their guardian ad litem Stacia Cullors, V. C., through their guardian ad litem Stacia Cullors, Anthony Bacani, an individual, D. B., through their guardian ad litem Anthony Bacani, E. B., through their guardian ad litem Anthony Bacani, Jennifer Cullors, an individual, A. C., through their guardian ad litem Jennifer Cullors, J. C., through their guardian ad litem Jennifer Cullors, N. C., through their guardian ad litem Stacia Cullors, Consul Plaintiffs, v. Beech-Nut Nutrition Company, Defendant-Appellee.

No. 23-220-cv

United States Court of Appeals, Second Circuit

January 18, 2024

UNPUBLISHED OPINION

SUMMARY ORDER

RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT'S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION "SUMMARY ORDER"). A PARTY CITING A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL.

At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 18^th day of January, two thousand twenty-four.

Appeal from a judgment of the United States District Court for the Northern District of New York (Hurd, J.).

FOR PLAINTIFFS-APPELLANTS: STEVEN L. BLOCH, Silver Golub &amp Teitell LLP, Burlington VT (Erin Green Comite, Scott + Scott Attorney at Law LLP, Colchester, CT, on the brief).

FOR DEFENDANT-APPELLEE: ASHLEY C. PARRISH, King & Spalding LLP, Washington, DC (Keri E. Borders and Rebecca B. Johns King & Spalding LLP, Los Angeles, CA, Livia M. Kiser King & Spalding LLP, Chicago, IL, on the brief).

PRESENT: GUIDO CALABRESI, ALISON J. NATHAN, Circuit Judges, SARALA V. NAGALA, District Judge. ^[*]

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is VACATED and REMANDED.

Plaintiffs-Appellants appeal from the district court's order dismissing their claims without prejudice in deference to the Food and Drug Administration (FDA) under what is known as the primary jurisdiction doctrine. Plaintiffs brought a putative class action against Defendant-Appellee Beech-Nut Nutrition Company (Beech-Nut), a baby food manufacturer, alleging seventy counts based on Beech-Nut's sale of baby food products allegedly containing elevated levels of...