The 9th circuit
Anthony Anscombe, Steptoe & Johnson: One of the most important things we’ll see in 2019 is a decision from the 9th Circuit on what class action plaintiffs must prove in order to establish loss causation and entitlement to restitution under the unlawfulness prong of the unfair competition law.
Many food and beverage class actions involve allegations of various regulatory violations involving issues that are neither deceptive nor material to consumers. Any decision that supports an award of restitution for ‘unlawful’ conduct that does not induce reliance and cause deception could fuel cases against food and bev manufacturers, as well as against other FDA regulated industries.
