In Re Aurora Dairy Corp., et al., 621 F.3d 781 (8th Cir. 2010)

(case involves Organic Food Production Act (OFPA) of 1990 and suit brought by dairy consumers against several national chains and largest U.S. provider of store-brand organic milk on claim that such milk was falsely labeled based on the way the cows were raised and fed; court holds that all claims against the certifying agent which certified Aurora's milk as organic were preempted by OFPA; all claims that Aurora and retailers sold milk as organic when in fact it was not are preempted; but plaintiffs' claims based on state laws regulating deceptive advertising practices were not preempted; matter remanded for further proceedings on state law claims). 

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