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Thursday's ruling overturned a lower court decision that barred such suits on the grounds that they were superseded and not allowed by federal law.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.
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Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.