A recent case from the Central District of California brings good news to defendants making preemption arguments under the Nutrition Labeling and Education Act (NLEA) in private surgeon general cases. Cardona v. Target Corporation, et al., No. 2:12-cv-01148-GHK-SP, Docket Entry 48 (C.D. Cal. Mar. 20, 2013). While defendants have had mixed success with preemption, especially… Read More
Tag Archives: Nutrition Labeling and Education Act (NLEA)
Preemption and the Health Claim Class Action:
FDA to the Rescue?
Posted in False Advertising Claims, Misbranding, Preemption In one of the very first private surgeon general class actions, plaintiffs alleged that pictures of fruits on fruit drink products conveyed to consumers that the products contain those fruit in amounts greater than the 10% fruit juice common in most fruit juice drinks. Thankfully, the Central District of California ruled that the FDA’s precise… Read More