California Supreme Court

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California Supreme Court holds that putative class action for state false advertising claims is not preempted

December 03, 2015

The California Supreme Court held that a state law claim that produce was intentionally mislabeled as organic is not preempted by the federal Organic Foods Production Act of 1990. The Court rejected the Defendant’s arguments that Congress intended the Act to be the exclusive means of regulating and monitoring grower behavior.

U.S. Chamber files amicus brief

December 11, 2014

In its brief to the California Supreme Court, the U.S. Chamber argued that California consumer protection claims based on allegations that the defendant had falsely labeled its products as “organic” were preempted by the federal Organic Foods Production Act. The brief explained that the claims would pose an obstacle to Congress’s goal in passing the act—to create a uniform, national framework governing the production of organic food.

Ruth N. Borenstein and William L. Stern of Morrison & Foerster LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

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