Tag Archives: Preempted

D.C. Superior Court Holds That Challenge to Advertising Claim for Meat Product is Preempted Because USDA Approved Same Claim on Label

By Riëtte van Laack — In 2016, the Animal League Defense Fund (ALDF) sued Hormel Foods Corporation, alleging that the company’s use of the terms “natural” and “no preservatives added” in advertising for its Natural Choice products violated the D.C. … Continue reading

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Oklahoma's Indian arts & crafts consumer protection law preempted by federal law

Fontenot v. Hunter, No. CIV-16-1339-G  (W.D. Okla. Mar. 28, 2019) Oklahoma’s American Indian Arts and Crafts Sales Act of 1974 was amended in 2016 to exclude from its definition of “American Indian” all persons but citizens or enrolled members of … Continue reading

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California Statute Regarding Convenience Checks Not Facially Preempted By Federal Law

Question: Is section 1748.9 of the Civil Code, which requires certain disclosures to credit card holders who use preprinted "convenience checks," preempted by the National Bank Act? Answer: No, according to Fourth District Court of Appeal, Division Three, in Parks … Continue reading

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New York Labor Law 211-a (Labor Neutrality Statute) Preempted by NLRA

In Healthcare Association v. Cuomo, ___F. Supp. 2d___(N.D.N.Y. Sept. 7, 2011), the court in a 14 page decision held that New York's Labor Neutrality statute (Labor Law Sec. 211-a) was preempted by the NLRA. The court basically held that Congress… … Continue reading

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Texas Plaintiffs Claims Preempted by Buckman

The judge overseeing multidistrict litigation regarding the bone-building drugs Aredia and Zometa dismissed plaintiffs claims finding that a Texas law shields manufacturers of Food & Drug Administration-approved drugs from liability for failure to warn. In re: Aredia and Zometa Products… … Continue reading

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