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Preemption Federal Meat Inspection Act (FMIA)

Morrison & Foerster LLP - Class Dismissed

Till The Cows Come Home: Tenth Circuit’s Affirmation Of Federal Preemption Is A Win For Defendants In Food Labeling Cases

The Tenth Circuit recently held that the Federal Meat Inspection Act (FMIA) gets the final word on what “Product of the U.S.A.” means for labels of beef products. Thornton v. Tyson Foods, Inc., No. 20-2124, 2022 WL 727628...more

Perkins Coie

Tenth Circuit Holds “Made in USA” Challenge Is Preempted

Perkins Coie on

Last week, a split-panel of the Tenth Circuit affirmed the district court’s dismissal of a false advertising case in which plaintiffs alleged that “Product of the U.S.A.” labels on various beef products were misleading...more

Patterson Belknap Webb & Tyler LLP

Ninth Circuit Cries “Fowl” on Challenge to Poultry Labels

Earlier this month, this blog analyzed the preemption provisions of the Federal Meat Inspection Act (FMIA) and the Poultry Products Inspection Act (PPIA), which together regulate the labeling of meat and poultry products.  We...more

Patterson Belknap Webb & Tyler LLP

All “Cluck” and No Bite? Preemption and Challenges to Poultry and Meat Labels

Preemption is a familiar battlefield for litigants challenging or defending advertising claims made on the labels of federally regulated products. Plaintiffs bringing claims under state law must contend with the fact that...more

Husch Blackwell LLP

California Ban On Foie Gras

Husch Blackwell LLP on

Foie gras is based on the livers of geese and ducks. The traditional method of obtaining it is gavage, force-feeding poultry through a tube in their esophagi to enlarge the liver. In 2004, California passed legislation...more

Carlton Fields

Food for Thought: A Review of 2016 Litigation

Carlton Fields on

Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others...more

Morrison & Foerster LLP - Class Dismissed

Ninth Circuit Affirms Bar on California AG’s Efforts to Enforce Slack Fill Provisions Against Del Real in Meat and Poultry Case

On February 12, 2016, the Ninth Circuit affirmed the district court’s decision barring the California Attorney General’s efforts to enforce nonfunctional slack fill provisions against Del Real LLC, a producer of Mexican...more

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