Food Label Ruling Shows How To Make Preemption Stick

Law360 (September 15, 2020, 5:39 PM EDT) -- Federal food labeling laws preempt state laws that impose requirements different from or in addition to those established by federal law. In some cases, the U.S. Food and Drug Administration has spoken directly to a labeling issue by regulation, and if the food manufacturer is in compliance with that regulation, any state law liability should be preempted.

Careful plaintiffs often try to draft their allegations to get around a federal regulation that would otherwise preempt their claims. For instance, in challenging a defendant's representations concerning honey in a cereal, a plaintiff avoided the defendant's compliance with the federal labeling regulation on...

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