Orange Juice Label Suit Survives Dismissal; Federal Law Does Not Preempt Claims

A would-be class action challenging “100 percent pure and natural” labeling on Tropicana not-from-concentrate orange juice mostly survived dismissal June 12 as the U.S. District Court for the District of New Jersey ruled the claims not preempted (Lynch v. Tropicana Products Inc., D.N.J., No. 11-07382).

The plaintiffs’ claims, based largely on Tropicana’s alleged failure to disclose the addition of a flavor pack, involve an alleged failure to satisfy federal requirements, not a standard that deviates from or adds to the federal requirements, the court said in an unpublished opinion.

Therefore, the claims are not preempted under the Nutrition ...