Consumer Rights - POSTED: 2015/12/04 17:19
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Thursday's ruling overturned a lower court decision that barred such suits on the grounds that they were superseded and not allowed by federal law.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.