Wal-Mart: Federal law preempts class action over Great Value juice

Published October 10, 2014 2:40pm ET



TALLAHASSEE, Fla. (Legal Newsline) – Wal-Mart has filed a motion to dismiss in a class action lawsuit against it for allegedly deceptively marketing its Great Value brand cranberry pomegranate juice.

Wal-Mart claims the plaintiffs’ claims are preempted by the federal Food, Drug, and Cosmetic Act, as modified by the Nutrition Labeling Education Act, which expressly preempts any state law claim that would impose food labeling requirements “not identical to” those of the FDCA.

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