Nathan A Adams IV is a Partner in Holland & Knight's Tallahassee office
In Marentette v. Abbott Labs., Inc., 886 F. 3d 112 (2d Cir. 2018), the court of appeals affirmed the district court's dismissal of some consumers' putative class action lawsuit against infant formula manufacturers for allegedly misbranding Similac baby formula as "organic." The consumers alleged that the formula was falsely labeled because it contains 16 ingredients that are prohibited by the Organic Foods Production Act (OFPA). They brought statutory consumer protection, common law breach of express warranty, and common law unjust enrichment claims under both New York and California law based on their false-labeling allegation. The defendant moved to dismiss the claims, arguing primarily that the parents' state law claims were pre-empted under OFPA. In its amicus brief, USDA reported that certifying agents review and approve both the process and the ingredients of the final product to be labeled organic. USDA added that certification is intended to be coextensive with compliance with OFPA, although it may not be if a plan is improperly certified, or if a producer or handler changes the plan after certification. Consequently, the court of appeals ruled that all state law claims that effectively challenge an OFPA organic certification are pre-empted by OFPA because they directly conflict with the certifying agent's role. "There is simply no way to rule in Parents' favor without contradicting the certification decision, and, through it, the certification scheme that Congress enacted in the OFPA."
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