- Last month the U.S. Circuit Court of Appeals for the 9th Circuit reversed a lower court decision and held that claims based on the California Sherman Law, the CA equivalent of the federal Food, Drug, and Cosmetic Act (FDCA), were not preempted, even where the relevant provision in the Sherman Law merely incorporated federal labeling standards.
- The products at issue were marketed to children under two and contained nutrient content claims in violation of federal regulations which were incorporated into the Sherman law. The relevant federal regulation (21 CFR 101.13(b)(3)) prohibits most nutrient content claims on food products intended for children under the age of two. This and all other federal labeling regulations are incorporated into…
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9th Circuit Holds that State Law Claims Identical to Federal Claims are Not Preempted
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