Calif. Ruling Offers New Tool To Fight Food Labeling Claims

Law360, New York (October 4, 2013, 7:54 PM EDT) -- A California appeals court's recent decision backing the dismissal of a food labeling class action against Kroger Corp. widens a much-needed route to victory for companies facing the ubiquitous litigation: the contention that no reasonable consumer would be misled by a labeling claim.

A three-judge panel affirmed on Sept. 25 that the federal Food, Drug and Cosmetic Act preempts plaintiff Mary Simpson's claim that Challenge Spreadable Butter with Canola Oil was misleadingly labeled under California's Milk and Milk Products Act. Simpson had accused Challenge Dairy Products...
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