Supreme Court reinstates salmon label lawsuit
Lawyer Blogs
The California Supreme Court breathed new life Monday into a consumer campaign to get grocery stores to label farmed salmon that are artifically colored.
The justices decided unanimously to overturn two lower court rulings tossing out the legal challenge. The lower courts had sided with grocers, who said such labeling disputes should be resolved by the U.S. Food and Drug Administration and not through lawsuits.
But the Supreme Court ordered the deceptive marketing lawsuit reinstated, ruling that private citizens can file such challenges because of an identical state law requiring labeling.
"Congress appears to have made a conscious choice not to preclude such actions," Justice Carlos Moreno wrote.
The lawsuit was filed by 11 consumers and backed by California Attorney General Jerry Brown. The suit names some of the state's largest grocers, including Albertson's Inc., Safeway Inc., The Kroger Co., Trader Joe's, Costco Wholesale Corp., Whole Foods Market Inc., Bristol Farms Inc. and Ocean Beauty Seafoods Inc.
The consumers allege that farmed salmon are naturally grayer than wild-caught fish. But fish farmers feed the salmon two chemicals that make their flesh redder and nearly identical looking to wild salmon.
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Is Now the Time to Really Call a Special Education Lawyer?
IDEA, FAPE, CHILD FIND and IEPs: The Individuals with Disabilities Education Act (IDEA) guarantees all children with disabilities to a free appropriate public education (FAPE). FAPE starts with a school’s responsibility to identify that a child has a disability (Child Find) and create an Individualized Education Program (IEP) to suit the needs of the child.
Forte Law Group is one of only a very few law firms within the state of Connecticut that is dedicated to exclusively representing families and children with special needs.
Parents need to be persistent, dedicated and above all else aware of the many services and accommodations that their child is entitled to under the law. As early as this point within your child’s special education, many parents will often find themselves in the situation asking, “is now the time to really call a special education lawyer?” Here are a few things to consider when asking yourself that question.