Turek v. General Mills, Inc.

Plaintiff claims that fiber identified on the nutrition label (required by 21 U.S.C. 343(q)(1))of "chewy bars" made and sold by defendants is inferior to unprocessed fiber and can be harmful. The district judge held that the suit was precluded by the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 343-1(a)(5), which forbids states to impose "any requirement respecting any claim of the type . . . made in the label or labeling of food that is not identical to the requirement of section 343(r)." The Act does not create a private right of action; suit was filed under the Illinois Consumer Fraud and Deceptive Business Practices Act, 815 ILCS 505, and the Deceptive Trade Practices Act, 815 ILCS 510. The Seventh Circuit affirmed the dismissal. The labeling of the challenged products is compliant with the statute and FDA regulations. The disclaimers that the plaintiff wants added are not identical to the labeling requirements imposed by federal law, and so they are barred. The court further noted that plaintiff failed to state claim under Illinois law. View "Turek v. General Mills, Inc." on Justia Law