Tag: preemption
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Monster Beverage’s Challenge to S.F. Attorney Investigation Dismissed
A federal court in California has dismissed, without prejudice, the action for declaratory and injunctive relief brought against the San Francisco city attorney, seeking to halt his investigation of Monster Beverage’s energy drinks and efforts to regulate their formulation, labeling and promotion. Monster Beverage Corp. v. Herrera, No. 13-0786 (C.D. Cal., decided December 16, 2013).…
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Court Tentatively Rejects Prop. 65 Lead Warnings for Fruit and Vegetable Products
A California court has tentatively determined, following a 10-day bench trial, that the levels of lead in canned or packaged fruit, vegetable and grape drink products, or baby foods, are below the regulatory “safe harbor” exposure level under Proposition 65 (Prop. 65) and therefore that the companies which make them are not required to provide…
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U.S. Supreme Court Asks for Government’s View of Preemption in Salmon Labeling Case
The U.S. Supreme Court has reportedly asked the solicitor general to file a brief discussing the federal preemption issues in case filed against retailers for failing to inform California consumers that the farm-raised salmon they sold was artificially colored. Albertson’s, Inc. v. Kanter, No. 07-1327 (U.S.). FDA regulations allow salmon farmers to augment the normally grayish…