The Supreme Court of California ruled last week that consumers could assert claims under California consumer protection statutes for intentionally mislabeling products as “organic.”

  • In a unanimous opinion, the court reversed a lower court’s ruling that the plaintiff’s claims were preempted by the Organic Foods Production Act (Organic Foods Act).  See Quesada v. Herb Thyme Farms, Inc., No. A216305 (Cal. Supreme).
  • Businesses should take note of the court’s position that private lawsuits are an important means of enforcing California’s consumer protection lawsuits, noting that “labels matter.”

This update looks at the background of Quesada and considers its impact on food manufacturers’ label and advertising practices.

Read the full update