Smart Balance Milk Labeling Suit Not Preempted, Judge Says

Law360, New York (February 3, 2014, 3:32 PM EST) -- A New York federal judge on Friday preserved a false advertising class action surrounding “fat-free” labeling on Smart Balance-branded milk, rejecting the manufacturer’s assertion that nonbinding U.S. Food and Drug Administration opinions preempt state-law claims.

Boulder Brands Inc. failed to escape claims that the company ran afoul of New York’s General Business Law by using the term “fat free” nine times on the packaging of several milk products infused with a blend of omega-3 fatty acids. Although the milk itself was fat-free, the omega-3 blend added one...
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