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Food labeling requirements result in dismissal of consumer fraud suit

Food companies emerge on top in 7th Circuit decision

In a clear victory for food companies, the 7th Circuit emphatically rejected a consumer’s attempt to use state law to charge fraud in the nutrition labeling and marketing of cereal bars that she alleged contained an inferior form of fiber.

The court asserted that such claims are preempted by the federal Nutrition Labeling and Education Act (NLEA) and that states cannot impose food labeling requirements that are not identical to those in the federal act.

Posner’s Position

In an October 2011 decision written by Judge Richard Posner, a 7th Circuit three-judge panel unanimously dismissed Turek’s case on the merits with prejudice.   

Michael Kozubek

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