Tag Archives: Baby Food

Organic Baby Food for Thought: Second Circuit Holds that OFPA Certified Organic Product Labels Cannot Be Challenged as Misleading Under State Law

By Lawrence Weinstein and Julia M. Ansanelli on April 19, 2018 Posted in Class Actions, Primary Jurisdiction/Preemption

The Second Circuit recently affirmed the dismissal of a class action asserting state law claims that a manufacturer falsely advertised its baby formula as organic. In doing so, the appellate court agreed with the district court’s finding that the claims were preempted by a federal law called the Organic Foods Production Act (“OFPA”). Marentette v. … Continue Reading

FDA Approves First Qualified Health Claim about Allergy Prevention on Baby Food Labels

By Lawrence Weinstein and Evelyn Pang on October 10, 2017 Posted in Regulatory

Last month, the FDA announced that companies will be able to label baby food products with advice about how the early introduction of peanuts in an infant’s diet may reduce the risk of developing a peanut allergy. This marks the first time the FDA has permitted a qualified health claim of food allergy prevention. These labels … Continue Reading

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