Pepsico, Inc., No. 08-cv-1335, 2009 WL 1439115 (E.D. Cal. 2009) ("[A] reasonable consumer would not be deceived into believing that the product in the instant case contained a fruit that does not exist.") 16 Fermin v. Pfizer Inc., Case No. 1:15-cv-02133 (E.D.N.Y. 2016) (noting the packages "clearly displayed the total pill-count on the label" and the claim "does not pass the proverbial laugh test"). 17 The Supreme Court recently declined to take on Conagra's challenge to class certification in a suit over "natural" claims on ascertainability grounds. Conagra Brands Inc., f/k/a ConAgra Foods Inc., v. Robert Briseno et al., Case No. 16-1221. As a result, there remains a circuit split: courts in the First, Third, Fourth, and Eleventh Circuits have adopted the heightened ascertainability requirement; the Second, Sixth, Seventh, Eighth, and Ninth Circuits have rejected an "administrative feasibility" prerequisite.