Kroger Wins Calif. Appeal Of Butter Label Dispute

Law360, New York (September 26, 2013, 1:36 PM EDT) -- A California appeals court on Wednesday affirmed the dismissal of a class action brought by a consumer who claims she was duped by Kroger Corp. and others into buying purportedly mislabeled canola oil-laced butter spread, saying her claims are federally preempted.

A unanimous state appellate panel found that plaintiff Mary Simpson failed to demonstrate that the California Milk and Milk Products Act is identical to the federal Food, Drug and Cosmetic Act, saying it was not enough to claim that the two laws were so similar...
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