Defendants Claim Federal Preemption in Organic Milk MDL

Aurora Dairy Corp. and other defendants have filed motions to dismiss on preemption grounds in multidistrict litigation (MDL) filed on behalf of consumers who allege that the companies misled consumers by claiming their products are organic, when, in fact, they are not following organic standards and regulations. In re: Aurora Dairy Corp. Organic Milk Mktg. & Sales Practices Litig., No. MDL 1907 (E.D. Mo.), motions filed October 17, 2008).

According to the defendants, the plaintiffs’ state-law claims would have the effect of rewriting national regulations for organic food production. Asserting that it holds valid organic certifications from the U.S. Department of Agriculture, Aurora argues that the relief requested would “preclude Aurora from using the very seal that the USDA, through its duly-accredited certifying agents, has expressly authorized Aurora to use.”

Co-lead counsel for plaintiffs was quoted as saying, “Aurora spends a lot of time arguing that plaintiffs are trying to regulate them, and if you read the complaint, the complaint says that plaintiffs are not. They are seeking damages that result from Aurora’s violation of the Organic Foods Production Act.” See Product Liability Law 360, October 20, 2008.