5th Cir. Reinstates Food Labeling Case Against Whole Foods, Says Claims Not Preempted

NEW ORLEANS — A 5th Circuit U.S. Court of Appeals panel has ruled that federal law does not preempt claims that a mislabeled cupcake sold by Whole Foods caused a boy’s life-threatening allergic reaction, because they are not based solely upon a violation of the Food, Drug and Cosmetic Act.

In an April 14 opinion, the panel found the plaintiffs do not seek to enforce labeling requirements above and beyond those imposed by the Food and Drug Administration; nor is there any claim – like a “fraud-on-the- FDA” claim – that would impinge on the FDA’s authority over food labeling.