New York Federal Judge: Baby Formula Organic Labeling Class Claims Are Preempted
Mealey's (August 26, 2016, 1:32 PM EDT) -- NEW YORK — A New York federal judge on Aug. 23 granted a motion to dismiss a class complaint filed by consumers accusing a baby formula maker of improperly labeling its product as organic, finding that the claims are preempted by the Organic Foods Production Act of 1990 (OFPA) (Sara Marentette, et al. v. Abbott Laboratories, Inc., No. 15-2837, E.D. N.Y.; 2016 U.S. Dist. LEXIS 112241).
(Memorandum and order available. Document #43-160902-008Z.)
Ellen Steinlien claimed that she purchased Similac Advance Organic Infant Formula approximately once per...