Tag Archives: PREEMPTION

FDA Issues Statement Regarding Labeling Coffee as a Carcinogen Consistent with California Proposition 65

California Proposition 65 requires manufacturers to provide clear and reasonable warnings to consumers before exposing them to over 950 listed carcinogens, including acrylamide.  As reported in this blog yesterday, California’s regulations for reporting the presence of the carcinogens have changed.  Also as previously reported in this blog, producers of roasted coffee have been sued under … Continue Reading

Conflict-Obstacle Preemption Bars All State-Law Claims Which Effectively Challenge a Certification Decision Pursuant to the Organic Food Production Act (OFPA)

2nd Cir. Affirms Dismissal of Organic Baby Food Claims (subscription to Law360 required) The U.S. Court of Appeals for the 2nd Circuit ruled against plaintiffs in Marentette v. Abbott Laboratories, Inc., Case No. 17-62, Decided: March 23, 2018, affirming the lower court’s dismissal of claims that Abbott’s organic-labelled infant formula violate state law by including ingredients that … Continue Reading

California Provision Goes Slack

Federal law preempts California slack fill challenges for USDA-regulated products. Under the California Fair Packaging and Labeling Act, companies can be challenged for including “nonfunctional slack fill” in product packaging.  Slack fill is the empty space between products and their packaging, and the goal of California’s requirements is to prevent consumer deception when products are … Continue Reading

Another Ban Bites the Dust

Federal judge strikes down Maui County’s GM crop ban. As recently covered on this blog, various counties in Hawaii and Oregon have enacted bans on the cultivation of genetically modified (GM) crops.  Those jurisdictions have been facing legal and practical hurdles related to enforcement of the GM restrictions. On June 30, 2015, a Hawaii federal … Continue Reading

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