Legal Opinion
Marentette v. Abbott Labs., Inc.
Court of Appeals for the Second Circuit
Decided March 23, 2018No. Docket No. 17-62-cv; August Term, 2017PublishedCited by 31 opinions
1Opinion of the Court
Cogan, District Judge:
Three parent consumers ("Parents") filed a putative class-action complaint against Abbott Laboratories, Inc., alleging that Abbott violated New York and California statutes and common law by advertising and selling Similac infant formula branded as organic and bearing the "USDA Organic" seal when the formula contained ingredients not permitted by the *114Organic Foods Production Act ("OFPA" or "the Act"). The United States District Court for the Eastern District of New York (Pamela K. Chen, J. ), dismissed Parents' suit, concluding that their state-law claims were preempted…
2Cases cited12 opinions
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- Wyeth v. LevineSupreme Court of the United States · 2009
- Arizona v. United StatesSupreme Court of the United States · 2012
- Geier v. American Honda Motor Co.Supreme Court of the United States · 2000
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3Cited by31 opinions
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- Patane v. Nestlé Waters N. Am., Inc.District Court, D. Connecticut · 2018
- Patane v. Nestlé Waters N. Am., Inc.District Court, D. Connecticut · 2019
- The Art & Antique Dealers League of Am., Inc. v. SeggosCourt of Appeals for the Second Circuit · 2024
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