date:Nov 27, 2012
ff's action is based on parallel state laws that mirror the relevant sections of the FDCA and the NLEA. Plaintiff's multiple claims are predicated upon state laws, such as the Sherman Food, Drug and Cosmetic Law, which prescribes labeling requirements that are similar, if not identical to, the requirements under FDCA and NLEA. In such cases, courts have refused to find that preemption precludes the private, state-based causes of action.
Davila also rejected Hershey's contention that Khasin lac