Hain Loses Preemption Bid In Fight Over Organic Product Claims

Law360, Chicago (August 2, 2012, 8:37 PM EDT) -- A California federal judge on Wednesday rejected The Hain Celestial Group Inc.'s bid to end a proposed class action challenging the marketing of Jason and Avalon Organics cosmetic products as organic, finding the state court claims are not preempted by the federal Organic Foods Production Act of 1990.

U.S. Magistrate Judge Laurel Beeler ruled that "on its face, OFPA's express preemption provision bars only a narrow set of state organic certification requirements that are not at issue here," and further found that Hain's interpretation of the...
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