Julie A. Simeone, left, and Andrew Kirschenbaum, right, of Patterson Belknap Webb & Tyler. Courtesy photos Second Circuit Revisits 'Mantikas' in 'Taste of Mexico' Case
Recently, in Hardy v. Olé Mexican Foods, the U.S. Court of Appeals for the Second Circuit revisited Mantikas in a summary order, shedding light on when and how lower courts should apply the principles articulated therein—while leaving some issues open for future litigation.
July 13, 2023 at 10:56 AM
6 minute read
Litigation
After years of litigation regarding whether and when a "reasonable consumer" can be expected to consult text on the back or side label of a product, the Second Circuit has now clarified its 2018 opinion in Mantikas v. Kellogg, 910 F.3d 633 (2d Cir. 2018). Recently, in Hardy v. Olé Mexican Foods, the U.S. Court of Appeals for the Second Circuit revisited Mantikas in a summary order, shedding light on when and how lower courts should apply the principles articulated therein—while leaving some issues open for future litigation.
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