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U.S. Department of Agriculture CA Supreme Court

Proskauer - Advertising Law

California Supreme Court Holds Organic Labeling Suit a Natural Fit in State Court

In December, the California Supreme Court held that a challenge to a farm’s labeling of its herbs as “organic” under state false advertising laws is not preempted by the federal Organic Foods Production Act of 1990 (“Organic...more

Davis Wright Tremaine LLP

Don’t Deceive Me: Claims for Mislabeled Organic Food in CA

If a food is labeled organic, but is not actually organic, can a consumer bring state law claims under consumer protection statutes? In California, it appears that the answer is yes. In a recent case, Quesada v. Herb Thyme...more

Mintz - Consumer Product Safety Viewpoints

The Continuing Conundrum of the California Food Fight

We have blogged regularly about the plethora of litigation, largely centered in California, focused on the labeling of food, beverage, cosmetics, and consumer goods. Nationwide, consumers are demanding more information from...more

Carlton Fields

Food for Thought: Organic Food Act Doesn't Preempt Certain State Law Mislabeling Claims

Carlton Fields on

On December 3, the California Supreme Court unanimously held that state law claims of intentional mislabeling produce as organic are not preempted by the Organic Food Act of 1990 (7 U.S.C. §§ 6501-6522). In Quesada v. Herb...more

Perkins Coie

Organic Label Due Diligence Is Critical After CA Supreme Court Approves Lawsuits

Perkins Coie on

The Supreme Court of California ruled last week that consumers could assert claims under California consumer protection statutes for intentionally mislabeling products as “organic.” In a unanimous opinion, the court reversed...more

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