In an opinion yesterday, Judge Román denied a motion to dismiss a class action accusing the makers of “Earth’s Best” branded foods of falsely labeling certain products as “organic.” The defendants argued the claims were preempted by the Organic Food Production Act (or, OFPA), which defines what foods can be labeled “organic,” and prohibits the sale of products labeled “organic” unless approved by a “certifying agent.” In an earlier case, the Eighth Circuit found similar claims preempted because (among other reasons) state law claims challenging “organic” labels would create the risk of “conflicting interpretations” and would “directly conflict[] with the role of the certifying agent.” Judge Román disagreed, finding that the risk of “divergent” views not enough to result in preemption:
Continue Reading Judge Román, Disagreeing With Eighth Circuit, Rules Suit Over “Organic” Label Not Preempted
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Judge Román Allows Federal Government to Sue Westchester to Comply With Drinking Water Standards
By Charles Michael on
In an opinion Monday, Judge Román denied Westchester County’s motion to dismiss a suit by the federal government alleging that Westchester’s Water District No. 1, which serves Mount Vernon, Scarsdale, White Plains and Yonkers, is in violation of the Safe Drinking Water Act because it fails to treat water for a certain parasite, Cryptosporidium. Westchester argued that District No. 1 is not covered by the relevant regulations because it serves customers only indirectly, through municipalities. Judge Román disagreed:
Continue Reading Judge Román Allows Federal Government to Sue Westchester to Comply With Drinking Water Standards
Judge Román Allows Suit Challenging “Active Naturals” Label on Aveeno Skin Products
By Charles Michael on
In a decision today, Judge Román denied Aveeno’s motion to dismiss a class action challenging its use of the phrase “Active Naturals” on product labels and advertisements for skin care products containing mostly synthetic ingredients. He ruled that claims under NY BCL § 349, for deceptive trade practices, could proceed, despite the fact that…
Judge Román Allows Dispute Over Irish Whisky Supply Agreement to Go Forward
By Matthew Popowsky on
In an opinion issued today, Judge Román denied the motion by Beam Inc. and Cooley Distillery to dismiss claims brought by Sidney Frank Importing Co. over a once-successful but now defunct whiskey importing arrangement. In 2004, Sidney Frank, the U.S. importer of Jägermeister and the creator of Grey Goose vodka, had contracted with Cooley, …