ConAgra Butter Labeling Suit Not Preempted, Judge Says

Law360, New York (September 3, 2013, 3:27 PM EDT) -- A California federal judge on Monday gave the go-ahead to a consumer class action objecting to ConAgra Foods Inc.’s labeling of its Parkay Spray liquid butter substitute, ruling the suit’s demands do not conflict with existing federal law.

U.S. District Judge Jon S. Tigar held that plaintiff Erin Allen had presented abundant evidence that ConAgra evaded U.S. Food and Drug Administration labeling rules by treating Parkay Spray as a “spray type” fat and oil product instead of the subclass for butter, margarine, oil and shortening to...
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