FDCA Preempts Underfilled Tuna Claims, Court Holds
A California federal court has granted a motion to dismiss a
consolidated proposed class action alleging Trader Joe’s
underfilled its five-ounce cans of tuna, holding the plaintiffs’
claims are preempted by the Federal Food, Drug and Cosmetic Act
(FDCA). In re Trader Joe’s Tuna Litig., No. 16-1371 (C.D. Cal.,
order entered June 2, 2017). The plaintiffs commissioned the
National Oceanic and Atmospheric Administration to test several
varieties of Trader Joe’s canned tuna, and the agency apparently
determined that some cans were filled as much as 25 percent
below the U.S. Food and Drug Administration (FDA) minimum.
Additional information on one of the consolidated complaints
appears in Issue 589 of this Update.
Trader Joe’s argued that the weights listed on the labels were
accurate and that the plaintiffs’ claim was preempted by federal
law because it was based on an alleged violation of FDA standards.
The court agreed, finding the FDCA provides no private right of
action to enforce FDA standards and regulations.
Issue 637
