Calif. Court Exposes Hole In 9th Circ. Food Labeling Ruling

Law360, New York (November 20, 2012, 9:07 PM EST) -- A California federal court ruled earlier this month that nutritional mislabeling claims against The Hershey Co. are not preempted by federal law, giving consumers a way around a landmark Ninth Circuit decision that threatened to foreclose the mass of food labeling suits filed in the state.

Hershey is facing a proposed class action that accuses it of making unlawful claims about the nutrients and antioxidants in its chocolate and other products, among other allegations. The chocolate giant moved to dismiss the suit, arguing in part that...
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