Varnum Reverses State Agencies “Stop-Sale” Order for Alleged Misbranding
Varnum assisted a food processor whose products were pulled from store shelves at major retailers in several states due to alleged misbranding. Several state agencies had issued "stop-sale" orders because the product labeling violated local state law. Varnum assisted the client in responding to such orders and our legal argument – that the state laws at issue were preempted by federal FDA law (as regarding food products labeled as "imitation") – won the day. Our client's products were put back on the shelves and sales to consumers continued without further issue. In fact, at least one state agency indicated in writing that it acknowledged that the scope of its authority had been narrowed and that it would change agency policy in accordance with our argument.
