The National Trial Lawyers
  • Home
    • Meet Our Team
    • Contact Us
    • Mission & Goals
    • FAQ
  • Webinars
  • News
  • Membership Directory
    • Top 100 Map – Civil Plaintiff
    • Top 100 Map – Criminal Defense
    • Top 40 Under 40 Map – Civil Plaintiff
    • Top 40 Under 40 Map – Criminal Defense
  • Top 100
    • Civil Plaintiff Officers / Executive Committee
    • Criminal Defense Officers / Executive Committee
    • Benefits
    • About
    • Top 100 President’s Message
    • Diplomat
    • Membership Renewal
    • Member Profile Updates
    • Top 100 Badge
    • Media
  • Top 40
    • Civil Plaintiff Officers / Executive Committee
    • Criminal Defense Officers / Executive Committee
    • Top 40 Under 40 Trial Academy Bootcamp
    • Benefits
    • About
    • Top 40 President’s Message
    • Membership Renewal
    • Member Profile Updates
    • Top 40 Badge
    • Media
  • Specialty Assoc
    • About
    • Shop
    • Officers
    • Membership Renewal
    • Member Profile Updates
    • Media
  • Nominate
    • Top 100
    • Top 40
    • Specialty Association
    • Trial Lawyer Hall of Fame
    • Trial Lawyer of the Year
    • Trial Team of the Year
    • America’s Most Influential Trial Lawyer
    • America’s Most Influential Law Firm
    • Lifetime Achievement Award
  • Shop
  • Magazine
    • A-List
  • Education and Networking Agenda
    • Trial Lawyers Summit
      • Summit Sponsors
    • Top 40 Under 40 Trial Academy Boot Camp
    • Mass Torts Made Perfect
    • The Lanier Master Class 5.0 Trial Academy 2021
    • Webinars
  • Hall of Fame
    • Trial Lawyer Hall of Fame

California High Court Revives Organic Labeling Suit

Posted on February 11, 2016 by Larry Bodine

organic2Seven California justices ruled a consumer’s false labeling suit is not pre-empted by the federal Organic Foods Production Act.

Because the statute doesn’t provide a mechanism for consumer complaints, barring consumers from suing over the organic label under consumer protection statutes would not advance the purposes of the federal law, the high court found.

This federal law regulates the methods organic produce farmers may use in order to market their products as organic. The law does not prevent consumers from questioning the truthfulness of an organic label. To buyers and sellers alike, “labels matters”

See Also: Student Suit Can Proceed Against Law School for Inflated Job Prospects

Michelle Quesada, a California resident who alleged the grower sold conventionally grown herbs as oppose to organic, sued Herb Thyme Farms for false advertising and unfair competition.

The opinion states Herb Thyme processed its organic and conventionally grown herbs in the same packing and labeling facility. During processing, the herbs were mixed and shipped out under the “Fresh Organic” label.

At the trial level Herb Thyme urged the court to grant a judgment on the grounds of federal preemption or in the alternative delay the case until the consumers filed an administrative complaint with the USDA. Herb Thyme was successful with the trial court and the state appeals court.

The appeals court stated while the claim was not expressly preempted, the suits would interfere with federal organic certification scheme and were preempted by implication.

What Does “Organic” Really Mean

The state high court engaged in a further analysis of the purpose, application, and enforcement of the federal act in deciding if the case may proceed.

“Organic” described the process a farmer endured for developing natural soil conditions without the use of chemical additives. As the market for organic produce expanded, it developed a concern for uniform regulation on produce for which consumers were willing to pay a premium price.

The court stated the act prevents states from creating unapproved certification programs, certifying agents, and certifying organic farms. States are free to set more stringent standards than the federal minimum but all programs must meet federal guidelines and be approved by the USDA.

The justices observed that consumer protection from deceptive labeling has by and large been governed by state law, a factor that weighs against the presumption of federal preemption.

In granting immunity to growers, if consumers became aware that state law claims were preempted, they would not pay for organic produce and may believe growers had a “de facto license to violate state fraud, consumer protection, and false advertising laws.”

The case is Quesada v. Herb Thyme Farms Inc., case number S216305, in the Supreme Court of the State of California.

 

 

Posted in Blog, Class Actions, Consumer Protection

Comments are closed.

News Categories

Subscribe to Blog and VFJ via Email

Enter your email address to subscribe to this blog, the Voice for Justice and receive notifications of new posts by email.

Read about other Top Jury Verdicts

Toyota Will Pay $180M to Settle Violations of the Clean-Air Act

Toyota Will Pay $180M to Settle Violations of the Clean-Air Act

The U.S. Department of Justice and U.S. Environmental Protection Agency (EPA) announced today that the United States has[Read More...]
Boeing's Insitu Will Pay $25M to Settle a Whistleblower Complaint About Used Drone Parts

Boeing's Insitu Will Pay $25M to Settle a Whistleblower Complaint About Used Drone Parts

Bingen, Wash.-based Insitu, a Boeing subsidiary, has agreed to pay $25 million to settle allegations that it used recycl[Read More...]
Deutsche Bank Agrees to Settle Criminal and Civil Charges for $130M

Deutsche Bank Agrees to Settle Criminal and Civil Charges for $130M

DEUTSCHE Bank AG agreed to pay US$130 million to settle criminal and civil charges that it bribed foreign officials and manip[Read More...]
Boeing Pays $2.5B to Settle Charges Tied to the 737 MAX Crashes

Boeing Pays $2.5B to Settle Charges Tied to the 737 MAX Crashes

Boeing has agreed to pay just over $2.5 billion to resolve a federal charge of “criminal misconduct” for how its [Read More...]
Texas Attorney General Seeks $43M in Google Antitrust Lawsuit

Texas Attorney General Seeks $43M in Google Antitrust Lawsuit

The mass exodus of Texas Attorney General Ken Paxton's top staff over accusations of bribery against their former boss has le[Read More...]

#LegalNews

@@TheNTLtop100

Contact Us | Terms of Use | Privacy Policy

Attorney information and content provided on this website is provided for the benefit of members of The National Trial Lawyers and as a public service by Legal Associations Management, Inc. The website and all data are the property of Legal Associations Management, Inc. Data, including without limitation attorney information and content, on the site may not be mined, sold, or used commercially for any purpose without the explicit written consent of Legal Associations Management, Inc. This site may not be accessed by any automated program for extracting data for any use. By accessing and using the site you agree that you will not develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plug-ins and add-ons, or any other technology) to scrape data or otherwise copy profiles and other data. Unauthorized use or attempted unauthorized use of this system may subject you to both civil and criminal penalties.