Tropicana Juice Ad Action Survives Preemption Claim

Law360, New York (February 2, 2010, 12:53 PM EST) -- A federal judge has refused to drop a putative class action claiming that Tropicana Products Inc. violated California's ban on false advertising with its label for a pomegranate-blueberry-flavored juice, rejecting the beverage maker's claim that a federal statute preempts the state law claims.

Judge Dale S. Fischer of the U.S. District Court for the Central District of California on Monday denied Tropicana's motion to dismiss the complaint, holding that plaintiff Diana Zupnik has standing to sue under two sections of the California Business and Professions Code....
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