California Supreme Court Allows Challenge to “Organic” Herbs

The California Supreme Court has held that a consumer may sue Herb
Thyme Farms, Inc. alleging its herbs are improperly labeled as “organic,”
dismissing the farm’s contention that the Organic Foods Production Act
of 1990 blocks such claims. Quesada v. Herb Thyme Farms, Inc., No.
S216305 (Cal., order entered December 3, 2015). Details about previous
court rulings concluding that the federal law preempted the action
appear in Issues 347 and 509 of this Update.

The court found that, contrary to the farm’s arguments, the federal
statute does not prohibit consumers from seeking redress. “[T]he
complaint here alleges Herb Thyme has engaged in fraud by intentionally
labeling conventionally grown herbs as organic, thereby pocketing
the additional premiums organic produce commands. The purposes and
objectives underlying the Organic Foods Act do not suggest such suits are
an obstacle; to the contrary, a core reason for the act was to create a clear
standard for what production methods qualify as organic so that fraud
could be more effectively stamped out and consumer confidence and fair
market conditions promoted,” the court held.

Issue 586