Food Labeling Claims in N.Y. Federal Class Action Preempted, Judge Rules

UTICA, N.Y. - A New York federal judge has dismissed a class action accusing a bone broth manufacturer of misrepresenting the amount of digestible protein in its products, ruling the claims are expressly and impliedly preempted.

On Sept. 15, Judge Lawrence Kahn of the U.S. District Court for the Northern District of New York found the plaintiffs sought to impose requirements beyond those required by the FDCA, and they impermissibly rely solely upon FDCA regulations.

Ancient Brands LLC makes bone broth products that are labeled as containing 20 grams of protein. The main source of protein is collagen, …