The United State Court of Appeals for the Ninth Circuit has affirmed the dismissal of two complaints alleging that food product labels advertising the amount of protein in products were false and misleading under federal and state law. The Court's panel held that the claims were preempted by FDA regulations.
The case stands for the principle that if labeling adheres to explicit FDA labeling rules, it cannot be directly challenged as false or misleading under state consumer protection statutes. If a Plaintiff seeks to challenge a labeling claim that is consistent with an FDA regulation, their only option is to challenge the regulation itself by arguing that FDA exceeded its statutory authority in promulgating the regulation in question.
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