California Court of Appeal

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Simpson v. The Kroger Corporation, B242405

Dismissal of plaintiff's action alleging that products sold in defendant's supermarkets, which combine butter with canola oil or olive oil, are mislabeled under state and federal law is affirmed, where: 1) the labeling requirements of the California Milk and Milk Products Act of 1947 (MMPA) are not identical to the applicable federal labeling requirements and therefore plaintiff's claims under the MMPA are preempted; 2) plaintiff's mislabeling claims under the California Sherman Food, Drug and Cosmetic Law are not preempted by federal law; and 3) the trial court did not abuse its discretion in denying leave to amend to allege claims based on violation of the Sherman Law because, as a matter of law, plaintiff has failed to demonstrate that a reasonable consumer would be misled by the labels on the products.

Appellate Information

  • Decided 09/25/2013
  • Published 09/25/2013




  • California Court of Appeal


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