- Ag Docket
(plaintiff sued alleging that defendant engaged in false and misleading labeling and advertising in violation of state law with respect to sales of "Nature Valley" crunchy granola as "100% natural" even though product contained high fructose corn syrup; plaintiff's state law claim not barred by "field preemption" of FDA; plaintiff's claims not impliedly preempted by doctrine of conflict preemption because FDA has deferred taking regulatory action with respect to the term "natural"; application of primary jurisdiction doctrine inappropriate; but, plaintiff has not pleaded fraud with the required particularity under Rule 9(b); plaintiff's complaint dismissed without prejudice).
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