Lilly v. ConAgra Foods, No. 12-55921 (9th Cir. 2014)
Annotate this CasePlaintiff filed a putative class action arguing that the sodium content in a "serving" of sunflower seeds must include the sodium contained in the edible coating. The court concluded that, because the coating is edible and is intended to be edible, the portion of the edible coating on the shell of the sunflower seed must be accounted for in the calculation of the sodium content. Because plaintiff's state-law claims, if successful, would impose no greater burden than those imposed by federal law, her state law claims were not preempted. Accordingly, the court reversed the district court's grant of defendant's motion to dismiss.
Court Description: Federal Preemption. The panel reversed the district court’s dismissal, based on federal preemption, of plaintiff’s putative class action raising California state law claims and challenging the labeling of sunflower seed packages. The panel held that the sodium content of the edible coating added to sunflower seed shells must, under federal law, be included in the nutritional information disclosed on a package of sunflower seeds. The panel further held that because plaintiff’s state-law claims, if successful, would impose no greater burden than those imposed by federal law, plaintiff’s state law claims were not preempted. District Judge Vinson dissented, and would hold that the district court correctly concluded that plaintiff’s attempt to require the manufacturer to use different labeling was expressly preempted by the federal Nutrition Labeling and Education Act, and the manufacturer had fully complied with the applicable Food and Drug Administration regulation.
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