3rd Circ. J&J Ruling Won't Halt Flood Of Food Labeling Suits

Law360, New York (May 10, 2013, 8:47 PM EDT) -- The Third Circuit's finding that federal law preempts food labeling allegations against Johnson & Johnson significantly hampers plaintiffs' ability to target advertising claims explicitly addressed by federal regulations, but it leaves the door open for them to pursue other types of labeling claims.

The appeals court on Thursday upheld the dismissal of a proposed class action alleging Johnson & Johnson misrepresented the health benefits of its Benecol brand of butter and margarine substitutes on the products' labeling. According to the court, the company is allowed to...
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