- Last month, the United States Court of Appeals for the 9th Circuit affirmed a grant of summary judgment in favor Target and other defendants in a class action lawsuit
Continue Reading 9th Circuit Holds that Structure/Function Claims Are Preempted
PREEMPTION
Conagra Successfully Defends Against Complaint of Deceptive Fat and Calorie Content Labeling for Parkay Spray
Posted on
Conagra Slips Out of Parkay Spray False Ad Suit (subscription to Law360 required)
- The Nutrition Labeling and Education Act (NLEA) requires food intended for human consumption and offered for sale
FDA Issues Statement Regarding Labeling Coffee as a Carcinogen Consistent with California Proposition 65
Posted on
- 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,
Conflict-Obstacle Preemption Bars All State-Law Claims Which Effectively Challenge a Certification Decision Pursuant to the Organic Food Production Act (OFPA)
Posted on
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,
California Provision Goes Slack
Posted on
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.
Another Ban Bites the Dust
Posted on
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