Fresh Organic Food Labeling Action Is Not Preempted.

Defendant is a large herb-growing operation with multiple farms throughout California. Most of the farms use conventional growing methods, but one of them uses organic processes. Nonetheless, when it comes time for distribution, defendant packs the conventionally and organically grown herbs in the same packing and labeling facility, processes them together and labels them “Fresh Organic.” In noting that “labels matter” and holding the California case was not preempted by federal law, the California Supreme Court stated: “We hold a state law claim that produce is being intentionally mislabeled as organic is not preempted. When Congress entered the field in 1990, it confined the areas of state law expressly preempted to matters related to certifying production as organic, leaving untouched enforcement against abuse of the label ― fresh organic. Moreover, a central purpose behind adopting a clear national definition of organic production was to permit consumers to rely on organic labels and curtail fraud. Accordingly, state lawsuits alleging intentional organic mislabeling promote, rather than hinder, Congress‘s purposes and objectives.” (Quesada v. Herb Thyme Farms, Inc. (Cal. Sup. Ct.; December 3, 2015) 62 Cal.4th 298.)