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QUESADA v. HERB THYME FARMS, INC.

No. B239602.

222 Cal.App.4th 642 (2013)

166 Cal. Rptr. 3d 346

MICHELLE QUESADA, Plaintiff and Appellant, v. HERB THYME FARMS, INC., Defendant and Respondent.

Court of Appeals of California, Second District, Division Three.

December 23, 2013.

Attorney(s) appearing for the Case

Law Office of Raymond P. Boucher, Raymond P. Boucher ; Whatley Kallas , Edith M. Kallas , Alan M. Mansfield ; Kiesel+Larson , Helen Zukin , Maria L. Weitz ; Johnson & Johnson and Neville Johnson for Plaintiff and Appellant.

Greenberg Traurig , Mark D. Kemple and Angela L. Diesch for Defendant and Respondent.

OPINION

ALDRICH, J. —

In this case of first impression, we address whether the federal Organic Foods Production Act of 1990 (OFPA or the Act) (7 U.S.C. § 6501 et seq.),1 which governs the labeling of agricultural products as "organic" and "USDA Organic," preempts state consumer lawsuits alleging violations of the Act or violations of California's federally approved state organic program (SOP), which is...

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