Monday, August 17, 2009
Third Circuit rules against preemption
The FDA Law Blog is reporting today that the Court of Appeals for the Third Circuit recently decided that a consumer fraud claim against the manufacturer of a beverage that is labeled as “all natural” even though it contains high fructose corn syrup (HFCS) is not preempted by federal law. The opinion is available here. According to the appellate court, neither FDA’s policy statement on the use of “natural” nor correspondence issued by FDA that addresses the use of “natural” in the labeling of foods that contain HFCS “have the force of law required to preempt conflicting state law.” The appellate court held that plaintiff’s claims are thus not impliedly preempted. Go here for the full story.