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Covington Secures D.C. Circuit Victory Dismissing Class Action Against Milk Sellers

December 7, 2007

WASHINGTON, DC, December 7, 2007 — The U.S. Court of Appeals for the D.C. Circuit has affirmed the dismissal of a class-action lawsuit challenging the absence of warning labels on milk informing consumers of the purported risks of lactose intolerance. Covington & Burling LLP successfully represented the defendants, which included Giant of Maryland, Nestle Holdings, Inc., Safeway, Inc., and Stoneyfield Farm, Inc.

The D.C. Circuit panel unanimously ruled that the governing tort law does not require sellers to post warnings of obvious and widely known risks associated with particular foods, while also noting that the alleged harms from lactose intolerance are temporary and limited. The Court’s ruling in Mills v. Giant of Maryland, LLC, No. 06-7148 (D.C. Cir. Nov. 16, 2007), is available here.

Covington partner Steven Rosenbaum argued the appeal; with him on the brief were associates Derron Blakely and Joshua Wolson.

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