Recently, a federal court dismissed a lawsuit brought by the Organic Consumers Association ("OCA") against Hain Celestial Group Inc. that alleged that Hain falsely advertised that its Earth's Best baby formula is "organic."
OCA had alleged that the "organic" claim was not permitted under District of Columbia law, but the court held that the lawsuit was preempted by the federal Organic Food Production Act of 1900.
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If plaintiff prevailed here, a savvy consumer would know that the challenged products are not considered 'organic' in Washington, D.C., but would wonder why they were labeled organic elsewhere
https://www.law360.com/consumerprotection/articles/998591/consumer-group-suit-over-formula-s-organic-label-tossed?nl_pk=f9a29aa0-1b17-4f88-ae71-f4ca89072304&utm_source=newsletter&utm_medium=email&utm_campaign=consumerprotection&read_more=1This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.