Seventh Circuit Dismisses Non-Natural Fiber Claims with Prejudice

The Seventh Circuit Court of Appeals has dismissed with prejudice consumer
protection claims filed against two companies that make snack bars with
extra fiber, finding the claims preempted under federal law. Turek v. General
Mills, Inc., No. 10-3267 (7th Cir., decided October 17, 2011).

According to the court, “The disclaimers that the plaintiff wants added to the
labeling of the defendants’ inulin-containing chewy bars are not identical
to the labeling requirements imposed on such products by federal law, and
so they are barred.” The plaintiff had sought the inclusion of information on
chewy bar product labels indicating that inulin derived from chicory root
“produces fewer health benefits than a product that contains only ‘natural’
fiber,” and that “inulin from chicory root should not be consumed by pregnant
or lactating women.”

Additional details about the complaint and the district court’s ruling
dismissing the claims appear in Issues 327 and 364 of this Update.

Among other matters, the Seventh Circuit explained the desirability of
uniform federal rules relating to food products, stating “It is easy to see why
Congress would not want to allow states to impose disclosure requirements
of their own on packaged food products, most of which are sold nationwide.
Manufacturers might have to print 50 different labels, driving consumers who
buy food products in more than one state crazy.”