9th Cir. Upholds Dismissal of Misbranding Action Against Walmart, Says Claims Preempted

SAN FRANCISCO — The 9th Circuit U.S. Court of Appeals has upheld an award of summary judgment to Walmart Inc. in a class action accusing it of mislabeling its dietary supplement, affirming that plaintiffs’ allegations were based upon test methods that were different than those mandated under the Food, Drug and Cosmetic Act.

In a May 11 opinion, the panel majority explained that the test methodology used by plaintiffs’ expert was neither an Association of Official Agricultural Chemists (AOAC) method, nor had it been validated. Therefore, the claims are preempted by federal law, the majority concluded.

The lead plaintiffs alleged …