Keeping Tabs On 'Natural' Beauty And Food

Law360, New York (June 18, 2013, 1:25 PM EDT) -- A defendant’s successful federal primary jurisdiction argument can go a long way toward winning a case by removing its issues from the courtroom and delivering them to a federal agency, where a private plaintiff often cannot pursue an individual legal claim. A court can apply this discretionary doctrine when it is convinced that court action could interfere with the proper exercise of a federal agency’s statutory authority.

Defendants have advocated for the doctrine’s application with varying degrees of success in recent food and cosmetic labeling litigation....
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