Krzykwa v. Campbell Soup Co., No. 12-62058-CIV-DIMITROULEAS, 2013 U.S. Dist. LEXIS 74749 (S.D. Fla. May 28, 2013)

(motion to dismiss in class action case alleging misleading labeling of “all natural” on soup products that contain genetically modified corn; claim brought under State Deceptive and Unfair Trade Practices Act and common law unjust enrichment theory; defendant argued that claim was preempted because label approved by USDA for beef and chicken soup products with GM corn (current controversy over vegetable soups regulated by FDA); court held product line issue not logical as it would preclude all claims against any defendants using same labeling; court held state claim not preempted by federal regulation; defendant also argued claim should be dismissed because it implicates a federal agency’s expertise and FDA has no special labeling required of GM products; court agreed with plaintiff that because FDA has declined to regulate “natural” claims, claim should not be dismissed; court declined to dismiss state law’s “safe harbor provision” or alternative unjust enrichment claims because both well-pled; motion to dismiss denied).