Tag Archives: Organic Foods Production Act

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

California Supreme Court Holds Organic Labeling Suit a Natural Fit in State Court

By Lawrence Weinstein, Jeff Warshafsky and Sarah Sullivan on January 20, 2016 Posted in Labeling Claims, Primary Jurisdiction/Preemption

In December, the California Supreme Court held that a challenge to a farm’s labeling of its herbs as “organic” under state false advertising laws is not preempted by the federal Organic Foods Production Act of 1990 (“Organic Foods Act”). Although the Defendant, Herb Thyme Farms, Inc., typically used conventional herb-growing methods, one of its farms … Continue Reading

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