Food Fight: FDA Preemption And Food Labeling Claims

Law360 (January 27, 2011, 2:14 PM EST) -- Private litigation alleging express or implied misrepresentations in food labeling has recently exploded in volume and scope. Because the content of food labeling is subject to U.S. Food and Drug Administration approval and oversight, defendants have raised federal preemption defenses to such litigation. The results, so far, have been all over the lot. This article seeks to extract some order from the current chaos.

Relevant Federal Statutory Law Concerning Food

There are two primary sources of FDA authority over food labeling. The Food, Drug and Cosmetic Act (FDCA), 21 U.S.C. §331(b), has generally prohibited "misbranding" of food for over a century....

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!