Butter spray and “spreadable fruit” are just a few of the consumer food products targeted in false advertising class actions amid an apparent spike in such litigation over the past few years, with some of those legal fights bubbling up at federal appeals courts.

On Monday, plaintiffs lawyers urged the U.S. Court of Appeals for the Ninth Circuit  to revive a lawsuit accusing Benihana of misleading restaurant-goers into believing its sushi rolls use actual crab meat when they actually contain imitation crab.

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