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· 2/3/2009

Lockwood v. Conagra Foods, Inc.

Citations

  • 597 F. Supp. 2d 1028
  • 2009 U.S. Dist. LEXIS 10064
  • 2009 WL 250459

How courts have described this case

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

  • holding that claims based on allegedly misleading description of food product as “all 6 natural” were not expressly preempted by FDCA or NLEA
  • declining to apply the primary jurisdiction doctrine in false advertising case concerning definition and deceptive use of the term “natural”
  • “NLEA—including the savings clause (no preemption unless the law is expressly 19 preempted)—shall not be construed to affect preemption of food safety laws.”
  • “NLEA—including the savings clause (no preemption unless the law is expressly 19 preempted)—shall not be construed to affect preemption of food safety laws.”
  • finding a claim of misleading pasta sauce labeling “not a technical area in which the FDA has greater technical expertise than the courts — every day courts decide whether conduct is misleading.”
  • refusing to strike class allegations on defendant’s argument that a class could not be certified as a matter of law. The court would consider the issues “on a fully-briefed and supported motion concerning class certification.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Charles R. Breyer

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.