Holk v. Snapple Beverage Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing that implied preemption comes in two varieties: field preemption and conflict preemption
• finding that the above-referenced FDA guidance does not amount to a formal definition of the term \natural\
• explaining that although we may affirm on alternative grounds, “this rule does not apply to cases in which the party has waived the issue in the district court.”
• observing that the “FDA’s policy statement” is “not entitled to preemptive effect”
• observing , that \courts may not find implied preemption based on any provision of the NLEA” and that labeling claims are “impliedly preempted” only if \based on provisions of federal law other than NLEA”
• “the FDA’s policy statement regarding use of the term ‘natural’ is not entitled to preemptive effect.”

Source: CourtListener parenthetical corpus (CC0).