Trans Fat Suit Against Kroger Dismissed

Law360, New York (September 7, 2010, 2:41 PM EDT) -- A judge has dismissed a proposed class action accusing The Kroger Co. of misleading consumers by falsely labeling its store brand products of margarine and graham crackers as “cholesterol free," ruling that the claims are preempted by federal law.

Judge Dolly M. Gee of the U.S. District Court for the Central District of California said Thursday that the suit brought by Jennifer Red and Rebecca Yumul should be tossed because they “cannot escape the fact that they seek to enjoin exactly what federal law expressly permits.”...
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