Defendants In Organic Milk MDL Argue Preemption

Law360, New York (October 20, 2008, 12:00 AM EDT) -- Aurora Dairy Corp. and several U.S. retailers that sold the Colorado farm's organic milk are arguing that federal law preempts ongoing multidistrict litigation over alleged violations in the company's organic processes.

In motions filed Friday with the U.S. District Court for the Eastern District of Missouri, several defendants claim the consolidated complaint should be dismissed in part because the U.S. Department of Agriculture has certified Aurora's operations under the Organic Foods Production Act.

In March 2007, USDA issued a report detailing several alleged violations in the...
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