A $3.5 million class action settlement — and $790,000 in attorney fees — over snack foods that were found to have more fat than advertised has been thrown out by a state appeals court in Brooklyn.

The Appellate Division, 2nd Department’s ruling in Klein v. Robert’s American Gourmet Food, Inc., 2003-00553, found that the trial judge who approved the settlement did not adequately consider the relevant factors in certifying a class over Pirate’s Booty snacks, created by Robert’s American Gourmet Food, Inc., and manufactured by Keystone Food Products. It remanded the case for further consideration.

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