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Preemption, in trouble in the courts, as well

From our new favorite law blog, Consumer Advertising Law Blog, "If State Law Preemption Is the Best Stuff On Earth, It Is Now Endangered":

In a much anticipated ruling (opinion found here), yesterday the Third Circuit revived a consumer class action against the maker of Snapple, holding that FDA did not preempt a review under state law of whether Snapple's claims that its drinks are "all natural" was misleading because they (used to) contain corn syrup.

The New Jersey trial court dismissed the case (opinion found here) because of implied preemption or that "FDA regulations so thoroughly occupy the field of beverage labeling at issue in this case that it would be unreasonable to infer that Congress intended states to supplement this area."

More from Law.com, "3rd Circuit Reinstates Consumer Fraud Class Action Against 'All Natural' Snapple"

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Rafael Mangual
Project Manager,
Legal Policy

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.