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California District Court Rules Against FDA Preemption of “Natural” Claim
February 10, 2009By Ricardo Carvajal –
Disagreeing with an earlier New Jersey district court decision, a California district court has ruled that there is no federal preemption of an unfair competition claim against the manufacturer of a food that contains high fructose corn syrup ("HFCS") and is labeled as “all natural.” According to the decision, the claim is not expressly preempted by FDC Act section 403A, nor is the claim impliedly preempted under the doctrines of field or conflict preemption. On the question of implied preemption, the California court rejects as unpersuasive the reasoning relied on by a New Jersey district court to reach the opposite conclusion (Holk v. Snapple Beverage Corp., 574 F.Supp.2d 447 (D.N.J. 2008)). This latest decision is likely to add to the existing confusion over the precise contours and reach of the doctrine of implied preemption in food liability cases. Notably, FDA has indicated that products that contain HFCS can be labeled as "natural," depending on how the HFCS is made.
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- We Have an LDT Proposed Rule! September 29, 2023
- Fool Me Once, Shame on You. Fool Me Twice and It’s a Federal Felony—Always? September 29, 2023
- Clinical Trial Diversity: Understanding the Effects of the New Federal Guidelines on Your Clinical Trials September 29, 2023
- FDA Brings its Formal Meetings Guidance Up to Date: What You Need to Know About Type D, INTERACT, and “In-Person” Meetings Under PDUFA September 28, 2023
- Hyman, Phelps & McNamara, P.C. Names Jeff Grizzel Chief Marketing Officer September 26, 2023
- Big Molecule Watch Blog
- Bloomberg BNA Health Care Blog
- Drug and Device Law Blog
- Eye on FDA
- FDA Matters
- Harvard Law Bill of Health
- IN VIVO Blog
- Internet Drug News.com
- Lachman Consultants Blog
- Medical Devices Today
- Orange Book Blog
- The Orange Book Insights Blog
- Pharma IQ
- Pharmalot
- SCOTUS Blog
- The Volokh Conspiracy
- WLF Legal Pulse
- Advertising and Promotion (Federal Trade Commission)
- Advertising and Promotion (OPDP)
- Animal Drugs and Feeds
- Biosimilars
- Cannabis
- cGMP Compliance
- Consumer Product Safety Commission
- Controlled Substances
- Cosmetics
- COVID19
- Current Affairs
- Dietary Supplements
- Drug Development
- Drug Enforcement Administration
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- FDA News
- Foods
- Foods and Dietary Supplements
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- Hatch-Waxman
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- In Vitro Diagnostic Devices
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- Orphan Drugs
- OTC Drugs and Cosmetics
- Prescription Drugs and Biologics
- Product Jurisdiction and Combination Products
- Reimbursement
- Tissue Products
- Tobacco
- Uncategorized