In Lee v. Conagra Brands, Inc., 958 F. 2d 70 (1st Cir. 2020), the court reversed the district court and ruled that a consumer plausibly stated a claim that the label "100% Natural" on Wesson brand vegetable oil violated the deceptive prong of the Massachusetts Unfair and Deceptive Trade Practices Act. This was because 1) the oil contained genetically modified organisms (GMOs); 2) the U.S. Food and Drug Administration's (FDA) informal policy not restricting use of the term "natural" and not requiring disclosure of GMOs was not preemptive; 3) nor was the National Bioengineered Food Disclosure Standard, which prohibits states from establishing any requirement related to the labeling of whether a food is genetically engineered, because the plaintiff did not request a specific court-ordered label; and 4) the defendant waived a claim that the plaintiff's claim was preempted by the Nutrition Labeling and Education Act. The plaintiff alleged injury based on allegations that GMO-free oil is sold at a premium price. The court also decided that removal jurisdiction was proper under the Class Action Fairness Act (CAFA). The case was remanded for further proceedings.
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