California Food Labeling Law Trumped By Federal Law.

The plaintiff filed a class action lawsuit against the defendant claiming that the defendant violated state (CA) law by marketing it's honey as "honey" without disclosing that it did not contain pollen (it is de-pollinated).  The defendant motioned to dismiss the case for lack of class standing and on the basis that the plaintiff's claims were preempted by federal food and drug laws.  The trial court granted the defendant's motion, and the appellate court affirmed.  The court noted that the "common or usual name" as required by federal law under the Federal Food, Drug and Cosmetic Act, of de-pollinated honey is "honey."   As such the defendant's product was appropriately labeled under federal law and the CA law that barred it from being labeled as "honey" was preempted.  Brod v. Sioux Honey Association Cooperative, No. 13-15584, 2015 U.S. App. LEXIS 11114 (9th Cir. Jun. 29, 2015).  

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