There are plenty of f-words in this post, but fear not, for they
are all fully capable of traveling in polite company. Most are even
family-friendly. The most tasty f-word here is the "F" in
FDA: food. While we focus on drug and device cases in this blog, we
frequently find that food cases furnish fine fodder for some of the
legal issues we fiddle with, such as in
this 2008 post on food as a four letter word. Food cases can
also suggest flanking maneuvers to prop up our favorite f-word
defense, federal preemption. For example, feast your eyes on the
recent case of Organic Consumers Ass'n v. Hain Celestial
Grp., Inc., 2018 U.S. Dist. LEXIS 1053 (D.D.C. Jan. 3, 2018).
The plaintiff alleged that the defendant's infant formulas were
falsely labeled as "organic" because they contained
products that flunked the federal Organic Food Production Act of
1990 ("OFPA"). The defendant filed a motion to dismiss
the complaint on the ground that private enforcement of
