Third Circuit Holds That State-Law Based Food Mislabeling Claims Are Preempted

Product Liability

Over the past several years, the body of case law concerning the labeling, marketing, and advertising of food and beverages has steadily grown. A recent decision by the United States Court of Appeals for the Third Circuit, while not precedential, has added to this body of law. On May 9, 2013, the Third Circuit affirmed the District of New Jersey's dismissal of a putative class action involving food labeling misrepresentation, providing another example of the strength of "federal preemption" as a defense to misrepresentation claims.           

In Young v. Johnson & Johnson, No. 12-2475, 2013 WL 1911177 (3d Cir. May 9, 2013), plaintiffs alleged that Johnson & Johnson's butter and margarine substitutes, Benecol® Regular Spread and Benecol® Light Spread (collectively "Benecol"), were falsely and misleadingly labeled. The alleged misrepresentations pertained to J&J's assertions that Benecol contained no trans fat and had