February 12, 2008
California farmed salmon cases: state food labeling law not preempted
The California Supreme Court has reversed a California Appellate Court decision holding that the state's food labeling law was preempted by the federal Food Drug and Cosmetic Act.
In Farm Raised Salmon Cases, several individuals had commenced separate actions against owners and operators of grocery stores alleging that the defendants sold artificially colored farmed salmon without disclosing to consumers the artificial coloring.
The California Supreme Court held that the state cause of action is NOT preempted when the state statute is identical to the federal.
Farm Raised Salmon Cases California Supreme Court Opinion
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Tracked on Sep 22, 2009 12:05:11 PM
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Posted by: Anihall | Nov 23, 2008 9:50:19 AM