Raymond Boucher, an attorney, said the "organic"
ruling was a big victory for consumers.
2015.12.03, SAN FRANCISCO (AP) — Consumers have
a right to file lawsuits under California law alleging food products are
falsely labeled "organic,"
the state Supreme Court ruled Thursday. The 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decision that barred such suits on the grounds that they were superseded and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.
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