California Supreme Court OKs organic labeling lawsuits

Consumer Rights

Consumers have a right to file lawsuits under California law alleging food products are falsely labeled "organic," the state Supreme Court ruled.

Thursday's ruling overturned a lower court decision that barred such suits on the grounds that they were superseded and not allowed by federal law.

Congress wanted only state and federal officials to police organic food violations in order to create a national standard for organic foods, a division of the 2nd District Court of Appeal decided in 2013.

But the state Supreme Court said allowing consumer lawsuits would further congressional goals of curtailing fraud and ensuring consumers can rely on organic labels.

"Accordingly, state lawsuits alleging intentional organic mislabeling promote, rather than hinder, Congress's purposes and objectives," Associate Justice Kathryn Werdegar wrote for the unanimous court.

The ruling will have an impact beyond California's borders, said Marsha Cohen, a professor at UC Hastings College of the Law in San Francisco.

"Nothing in here is irrelevant to a parallel case in another state," she said. "The court is simply saying federal law does not supersede our consumer protection functions."

At issue were allegations in a lawsuit by consumer Michelle Quesada that Herb Thyme Farms Inc. — one of the nation's largest herb producers — mixed organic and non-organic herbs then falsely labeled the product "100 % organic." The term "organic" means the food was produced using sustainable practices and without synthetic fertilizers, sewage sludge, irradiation, or genetic engineering, according to the California Department of Public Health. The department says products labeled "100% organic" must consist of only organic ingredients.

A call to Cliff Neimeth, an attorney for Herb Thyme Farms, was not immediately returned.

The company said in court documents it had been authorized by the U.S. Department of Agriculture to use the organic label.

Related listings

  • Despite rhetoric, GOP has supported packing state courts

    Despite rhetoric, GOP has supported packing state courts

    Consumer Rights 10/20/2020

    Republican claims that Democrats would expand the U.S. Supreme Court to undercut the conservative majority if they win the presidency and control of Congress has a familiar ring. It's a tactic the GOP already has employed in recent years with state s...

  • Alaska Supreme Court to Hear Youths’ Climate Change Lawsuit

    Alaska Supreme Court to Hear Youths’ Climate Change Lawsuit

    Consumer Rights 10/08/2019

    The Alaska Supreme Court will hear arguments in a lawsuit that claims state policy on fossil fuels is harming the constitutional right of young Alaskans to a safe climate.Sixteen Alaska youths in 2017 sued the state, claiming that human-caused greenh...

  • Trump, GOP states ask appeals court to kill ‘Obamacare’

    Trump, GOP states ask appeals court to kill ‘Obamacare’

    Consumer Rights 05/01/2019

    Taking a harder line on health care, the Trump administration joined a coalition of Republican-led states Wednesday in asking a federal appeals court to entirely overturn former President Barack Obama’s signature health care law — a decis...

New Rochelle, New York Personal Injury Lawyers

If you or a loved one has been injured in an accident, contact Kommer, Bave & Ollman, LLP, in New Rochelle, New York, immediately. We can answer all your questions and work with you to determine if you have the grounds for a personal injury lawsuit. The attorneys at our firm are determined to resolve even the most difficult of cases. We will work closely with you to determine the best course of action to get your claim or case resolved in the most efficient way possible. We will fight for your right to compensation! No one should have to suffer a financial burden from the result of another person’s carelessness. The attorneys at Kommer, Bave & Ollman, LLP will aggressively fight to ensure that justice is served on your behalf.