Implications Of Nationwide Food Labeling Guidelines

Law360, New York (November 18, 2011, 12:20 PM EST) -- In Turek v. General Mills Inc., the Seventh Circuit Court of Appeals unanimously held, as matter of first impression in the circuit courts, that the preemption provision of the federal Nutritional Labeling Education Act (“NLEA”) bars consumer protection actions that seek to impose state-driven food labeling requirements that are “not identical” to the requirements imposed by the federal Food, Drug and Cosmetic Act (“FDCA”).

Writing for the court, Judge Richard Posner explained in his characteristically direct style that without the NLEA’s preemption provision, “Manufacturers might have...
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