California Court Resurrects Food Coloring Suit Against Supermarkets

LOS ANGELES - Federal law does not preempt a class action brought by private citizens who are accusing the nation's largest supermarket chains of failing to properly label salmon that had been fed artificial coloring, the California high court has ruled. Farm Raised Salmon Cases, No. S147171 (Calif. Sup.).

The panel reinstated the class action on Feb. 11, ruling that Section 337(a) of the Food Drug and Cosmetic Act does not impliedly preempt the claims because they are based on state laws explicitly authorized by Congress.

The suit, filed in the Los Angeles Superior Court, says the farmed salmon was …