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...
To view the full article, register now.




Case Information

Case Title

Koenig et al v. Boulder Brands, Inc. et al

Case Number



New York Southern

Nature of Suit

Contract: Other


Edgardo Ramos

Date Filed

February 21, 2013

Law Firms


Government Agencies

UK Financial Services

UK Financial Services

Read Our Latest UK Financial Services Coverage

Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.