United States Eighth Circuit

In an action on behalf of organic milk consumers against defendant-organic milk producer, claiming violations of state law arising from defendant's alleged failure to comply with the Organic Foods Production Act (OFPA) and National Organic Program (NOP), dismissal of the action is affirmed in part where the district court correctly decided, to the extent state law permitted outside parties, including consumers, to interfere with or second guess the certification process, the state law was an obstacle to the accomplishment of congressional objectives of the OFPA. However, the order is reversed in part where the purposes of the OFPA were not furthered by preempting certain state law claims.

Appellate Information

• Decided 09/15/2010
• Published 09/15/2010

Judges

• William J. Riley

Court

• United States Eighth Circuit

Counsel