Young v. Johnson & Johnson
- Case Date: 11/1/2012
- Project Name: Civil Justice Reform
On May 9, 2013, the U.S. Court of Appeals for the Third Circuit affirmed a trial court decision that barred plaintiffs’ lawyers from bringing state-law tort suits against food purveyors for making nutrition claims on their product packaging. The decision was a victory for WLF, which filed a brief urging affirmance. The court held that any tort suit that seeks to regulate nutrition claims is barred by federal law when, as here, the claims comply with labeling rules established by FDA. It agreed with WLF that Congress, by including an express preemption provision in the Nutrition Labeling and Education Act of 1990, sought to prevent such suits in order to ensure creation of uniform, nationwide food labeling laws. Noting that plaintiffs’ lawyers have been filing an increasing number of tort suits based on allegedly improper labeling, WLF argued that if those suits are allowed to go forward, we soon will have 50 unique food labeling regimes across the country.
More Information and Downloads:
11/1/2012: Download the Brief
Litigation Update: Court Bars Second-Guessing Of FDA Food Labeling Rules Lawsuit