A commentary published here last December criticized a Second Circuit decision, Mantikas v. Kellogg Company, for looking upon The Reasonable Consumer as myopic, naive, and in need of government protection. We opined that the decision’s easing of plaintiffs’ burden for proving deception would inspire more food-labeling consumer litigation in New York and other states in the circuit.

We were quite pleasantly surprised, then, by a July 28, 2019 Eastern District of New York memorandum and order in Reyes v. Crystal Farms Refrigerated Distribution Co. The ruling, which dismissed consumer-deception claims aimed at a ready-to-eat mashed-potato maker, offers some hope to consumer-product companies sued in Mantikas‘ wake.