The case had to do with whether or not ConAgra Foods Inc. was responsible for placing a “100% Natural” label on bottles of Wesson Oil. However, ConAgra Foods no longer owns Wesson Oil, so they no longer have the power to make that kind of call. “Simply put, Richardson the new owner of Wesson Oil can resume using the ‘100% Natural’ label at any time it wishes, thereby depriving the class of any value theoretically afforded by the injunction. ConAgra thus essentially agreed not to do something over which it lacks the power to do,” Lee wrote.
Then, in a surprising twist, Lee likened the situation to Disney s acquisition of the
The case had to do with whether or not ConAgra Foods Inc. was responsible for placing a “100% Natural” label on bottles of Wesson Oil. However, ConAgra Foods no longer owns Wesson Oil, so they no longer have the power to make that kind of call. “Simply put, Richardson the new owner of Wesson Oil can resume using the ‘100% Natural’ label at any time it wishes, thereby depriving the class of any value theoretically afforded by the injunction. ConAgra thus essentially agreed not to do something over which it lacks the power to do,” Lee wrote.
Then, in a surprising twist, Lee likened the situation to Disney s acquisition of the