3rd Circ. Throws Mercury-In-Tuna Suit Back To NJ

Law360 (August 20, 2008, 12:00 AM EDT) -- A federal appeals court has ruled that a proposed class action against the maker of Chicken-of-the-Sea tuna alleging the products contain harmful concentrations of mercury is not pre-empted by regulatory actions of the U.S. Food and Drug Administration, overturning a lower court's dismissal of the case.

Judge Walter K. Stapleton of the U.S. Court of Appeals for the Third Circuit reinstated plaintiff Deborah Fellner's case against Tri-Union Seafoods LLC and remanded the suit to the U.S. District Court for the District of New Jersey. The suit...
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