High Court Asked to Tackle Baby Food Implied Preemption Question

SAN FRANCISCO — The U.S. Supreme Court has been asked to review a federal appeals court’s ruling that Sherman Law and unjust enrichment claims asserted against Sprout Foods Inc. in a baby food misbranding action are not impliedly preempted by federal law.

In its petition for certiorari, Sprout argues that 21 U.S.C. § 337(a)’s explicit bar on private enforcement of the Food, Drug and Cosmetic Act precludes a private action seeking to enforce FDCA food labeling regulations by asserting a state statute that incorporates FDCA regulations.

“The Ninth Circuit U.S. Court of Appeals incorrectly applied Buckman v. Plantiffs’ Legal …