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August 14, 2009

Third Circuit Holds Snapple Suit Not Preempted: Stacy Holk v. Snapple Beverage Corp.

The Third Circuit Court of Appeals has ruled that a consumer action against the makers of Snapple is not preempted by the Food Drug and Cosmetic Act.

The case is Stacy Holk v. Snapple Beverage Corp, 08-3060, 3rd U.S. Circuit Court of Appeals (Philadelphia).  Here's an article about it from The American Lawyer Litigation Daily:

Third Circuit Rejects Preemption Defense and Reinstates Consumer Fraud Class Action Against 'All Natural' Snapple 
By Alison Frankel

August 13, 2009 -- We here at the Litigation Daily regard Snapple diet lemon iced tea as pretty much the elixir of life. We drink it by the bucketful. We like the way it tastes, and, frankly, we've always been amused by the company's cheeky attitude and advertising. But apparently not everyone is as charmed as we are. In a 30-page ruling on Wednesday, a three-judge panel of the U.S. Court of Appeals for the Third Circuit revived a New Jersey statewide class action against Snapple, finding that federal regulation does not preempt consumer fraud claims involving Snapple's "all natural" labelling.

August 14, 2009 in Labeling | Permalink


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Posted by: Susan | Sep 9, 2009 10:59:29 PM

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