Plaintiffs in Calif. Plum Baby Food Litigation Say Claims are Not Preempted

OAKLAND, Calif. — Plaintiffs in a proposed class action accusing Plum Organics of failing to disclose that its baby foods contain heavy metals have opposed the company’s motion to dismiss, arguing their claims are not preempted by federal law because the Nutrition Labeling and Education Act exempts safety disclosures from preemption.

In a Dec. 1 brief filed before Judge Yvonne G. Rogers of the U.S. District Court for the Northern District of California, plaintiffs further contend they have Article III standing because they have alleged an injury in fact.

Plaintiffs allege Plum knowingly remained silent on the presence of heavy …