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Court Says Desire For Truthful Food Labeling Does Not Pre-empt Federal Law

August 21, 2018: 12:00 AM EST
A U.S. District Court in New York on August 14 rejected spice maker McCormick & Co.’s argument that the plaintiff's claims in a lawsuit – that McCormick’s products were falsely labeled “all natural” – were expressly pre-empted by the National Bioengineered Food Disclosure Standard. The court said the claim is that McCormick's "natural" labeling should be truthful and not deceptive. The plaintiff is not seeking to establish a GMO label requirement, so the claim is not pre-empted by the federal law. McCormick and other food and beverage companies (and potential plaintiffs), meanwhile, await FDA guidance on how the term "natural" can be used on food labels. [Image Credit: © monicore]
Kim Bousquet, "N.Y. Judge Serves Up Spicy Ruling: All Natural' Claims Not Pre-empted By Bioengineered Food Disclosure Law", Thompson Coburn LLP, August 21, 2018, © Thompson Coburn LLP
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