Case Explained: PRZYBOCKI, ET AL. V. UNITED STATES DEPARTMENT OF AGRICULTURE, ET AL.

Court: United States Court of Appeals for the Ninth Circuit Filed: 2026-08-03 Docket: 2:23-cv-00455- The ninth circuit reversed the district court’s dismissal of plaintiffs’ First Amendment claims regarding federal food-labeling regulations prohibiting FODMAP information on product labels, holding that the plaintiffs adequately pleaded Article III standing. For plaintiff Przybocki, the court applied the “listener standing” doctrine established in *Murthy v. Missouri*, finding she had a concrete and specific connection to speakers (including Gourmend and other food producers) who would likely include FODMAP information on labels but for the challenged regulations, thereby suffering an injury-in-fact as a consumer denied access to that speech. For plaintiffs Vakil and Gourmend, the court applied the *Susan B. Anthony List* standard for pre-enforcement First Amendment challenges, determining they faced a credible threat of prosecution based on their concrete plan to engage in prohibited speech and specific warnings from the FSIS and FDA that such claims constitute impermissible nutrient-content claims. The court affirmed, in a separate memorandum disposition, the dismissal of Vakil and Gourmend’s claims against the USDA for failure to exhaust administrative remedies. The practical consequence is that the case proceeds to the merits on the First Amendment challenges against the FDA and regarding Przybocki’s claims against the USDA. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.