FDCA Preempts Food Labeling Suit Against J&J, 3rd Cir. Affirms

TRENTON, N.J. — The Food Drug and Cosmetic Act preempts a class action accusing Johnson & Johnson (NYSE: JNJ) of misleading consumers as to the health benefits of its butter substitute spread because it seeks to impose stricter state law requirements for food labeling, a federal appeals court has ruled.

On May 9, the 3rd Circuit U.S. Court of Appeals held that the claims fall within the requirements set forth by the FDCA, as amended by the Nutrition Labeling and Education Act.

J&J manufactures Benecol Spread butter/margarine substitute. The product’s label states that Benecol contains no trans fat. The …