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Farm Raised Salmon Cases, In re

ELR Citation: 36 ELR 20178
Nos. No. B182901, (Cal. App. 2d Dist., 08/31/2006)

A court holds that the Federal Food, Drug, and Cosmetic Act (FFDCA) preempts individuals' state-law claims against several grocery stores for selling artificially colored farmed salmon without disclosing to consumers the artificial coloring. In enacting FFDCA §337(a), Congress made clear its intention to preclude private enforcement of the FFDCA and that a state-law private right-of-action based on an FFDCA violation would frustrate the purposes of exclusive federal and state governmental prosecution of the Act.