December 15, 2015
Authored by: Larry Scarborough and Desmonne Bennett
On December 3, 2015, the California Supreme Court held that a claim for intentionally mislabeling produce as “organic” is not preempted by the federal regulatory regime for certifying organic growers. This decision may tend to increase exposure to companies endorsing products as “organic” under California state law false advertising, unfair competition, and other consumer protection claims based on alleged misuse of the term “organic.”
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