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California Restaurant Association v. The City and County of San Francisco et al

Memorandum in Opposition TO PLAINTIFF'S MOTION FOR DECLARATORY RELIEF AND A PRELIMINARY INJUNCTION

62 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,028 times   504 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. Duncan v. Walker

    533 U.S. 167 (2001)   Cited 5,477 times   8 Legal Analyses
    Holding that the statute of limitations is not tolled during the pendancy of a federal petition

  3. Medtronic, Inc. v. Lohr

    518 U.S. 470 (1996)   Cited 2,417 times   35 Legal Analyses
    Holding that the presence of a state-law damages remedy for violations of FDA requirements does not impose an additional requirement upon medical device manufacturers but "merely provides another reason for manufacturers to comply with . . . federal law"

  4. Auer v. Robbins

    519 U.S. 452 (1997)   Cited 2,338 times   89 Legal Analyses
    Holding that a federal agency's interpretation of a regulation is controlling where it is not "plainly erroneous or inconsistent with the regulation"

  5. Christensen v. Harris County

    529 U.S. 576 (2000)   Cited 1,894 times   18 Legal Analyses
    Holding that agency interpretations contained in "policy statements, agency manuals, and enforcement guidelines, all of which lack the force of law do not warrant Chevron-style deference"

  6. Riegel v. Medtronic, Inc.

    552 U.S. 312 (2008)   Cited 1,032 times   62 Legal Analyses
    Holding that a State’s “‘requirements’” “includ[e] [the state’s] common-law duties”

  7. Central Hudson Gas Elec. v. Public Serv. Comm'n

    447 U.S. 557 (1980)   Cited 2,052 times   105 Legal Analyses
    Holding that a restriction on commercial speech must directly advance a substantial governmental interest

  8. CSX Transportation, Inc. v. Easterwood

    507 U.S. 658 (1993)   Cited 1,033 times   4 Legal Analyses
    Holding state-law excessive speed claims are preempted by 49 C.F.R. § 213.9

  9. Bates v. Dow Agrosciences LLC

    544 U.S. 431 (2005)   Cited 549 times   11 Legal Analyses
    Holding that a preemption clause barring state laws "in addition to or different" from a federal Act does not interfere with an "equivalent" state provision

  10. Hurley v. Irish-American Gay, Lesbian Bisexual Group

    515 U.S. 557 (1995)   Cited 694 times   5 Legal Analyses
    Holding that a marcher's message will likely be attributed to the parade organizer's, since "every participating unit" in a parade "affects the [overall] message"

  11. Section 301 - Short title

    21 U.S.C. § 301   Cited 2,428 times   48 Legal Analyses

    This chapter may be cited as the Federal Food, Drug, and Cosmetic Act. 21 U.S.C. § 301 June 25, 1938, ch. 675, §1, 52 Stat. 1040. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE; POSTPONEMENT IN CERTAIN CASES Act June 23, 1939, ch. 242, §§1, 2, 53 Stat. 853, 854, provided that:"[SEC. 1] (a) The effective date of the following provisions of the Federal Food, Drug, and Cosmetic Act is hereby postponed until January 1, 1940: Sections 402(c) [342(c) of this title]; 403(e)(1) [343(e)(1) of this

  12. Section 343 - Misbranded food

    21 U.S.C. § 343   Cited 570 times   59 Legal Analyses
    Setting labeling requirements for food products

  13. Section 343-1 - National uniform nutrition labeling

    21 U.S.C. § 343-1   Cited 363 times   26 Legal Analyses
    Preempting state laws that conflict, inter alia, with federal law requiring foods to indicate: the name and location of the manufacturer, as well as the weight or quantity of food contained in a package; and the percentage of fruit or vegetable juice contained in a beverage

  14. Section 1333 - Labeling

    15 U.S.C. § 1333   Cited 111 times   2 Legal Analyses
    Requiring "Surgeon General's Warning" labels on cigarettes

  15. Section 110660 - Misbranded food

    Cal. Health & Saf. Code § 110660   Cited 38 times

    Any food is misbranded if its labeling is false or misleading in any particular. Ca. Health and Saf. Code § 110660 Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.

  16. Section 10 - "Section" defined

    Cal. Health & Saf. Code § 10   Cited 4 times

    "Section" means a section of this code unless some other statute is specifically mentioned. Subdivision means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. Ca. Health and Saf. Code § 10 Enacted by Stats. 1939, Ch. 60.

  17. Section 113703 - Purpose

    Cal. Health & Saf. Code § 113703   Cited 4 times

    The purpose of this part is to safeguard public health and provide to consumers food that is safe, unadulterated, and honestly presented through adoption of science-based standards. Ca. Health and Saf. Code § 113703 Added by Stats 2006 ch 23 (SB 144),s 2, eff. 1/1/2007, op. 7/1/2007.

  18. Section 6 - Transferred

    21 U.S.C. § 6   Cited 2 times

    21 U.S.C. § 6 EDITORIAL NOTES CODIFICATIONSection, act Mar. 4, 1923, ch. 268, 42 Stat. 1500, was transferred to section 321a of this title.

  19. Section 15013 - Rechargeable consumer product or rechargeable battery requirements

    Cal. Pub. Resources Code § 15013   Cited 2 times

    (a) On and after January 1, 1995, no person shall sell or offer for sale in this state any rechargeable consumer product unless the product meets all of the following requirements: (1) The rechargeable battery is easily removable from the rechargeable consumer product or is contained in a battery pack that is easily removable from, the product. (2) The rechargeable consumer product and the rechargeable battery are labeled in accordance with subdivision (b). (3) The rechargeable battery, battery pack

  20. Section 113705 - Legislative findings and declarations

    Cal. Health & Saf. Code § 113705   Cited 2 times

    The Legislature finds and declares that the public health interest requires that there be uniform statewide health and sanitation standards for retail food facilities to assure the people of this state that the food will be pure, safe, and unadulterated. Except as provided in Section 113709, it is the intent of the Legislature to occupy the whole field of health and sanitation standards for retail food facilities, and the standards set forth in this part and regulations adopted pursuant to this part

  21. Section 101.13 - Nutrient content claims-general principles

    21 C.F.R. § 101.13   Cited 165 times   10 Legal Analyses
    In 21 C.F.R. § 101.13, the FDA lists general principles regulating nutrient content claims-claims that expressly or implicitly characterize the level of a nutrient.

  22. Section 101.9 - Nutrition labeling of food

    21 C.F.R. § 101.9   Cited 139 times   47 Legal Analyses
    Recognizing that "Vitamin C" and "Ascorbic acid" are "synonym" that may be used in the alternative in a product's nutritional information labeling

  23. Section 202.1 - [Effective until 5/20/2024] Prescription-drug advertisements

    21 C.F.R. § 202.1   Cited 42 times   29 Legal Analyses
    Defining labeling to include virtually any type of audio, visual or printed matter descriptive of a drug and supplied by a manufacturer

  24. Section 101.10 - Nutrition labeling of restaurant foods whose labels or labeling bear nutrient content claims or health claims

    21 C.F.R. § 101.10   Cited 7 times

    Nutrition labeling in accordance with § 101.9 shall be provided upon request for any restaurant food or meal for which a nutrient content claim (as defined in § 101.13 or in subpart D of this part) or a health claim (as defined in § 101.14 and permitted by a regulation in subpart E of this part) is made, except that information on the nutrient amounts that are the basis for the claim (e.g., "low fat, this meal provides less than 10 grams of fat") may serve as the functional equivalent of complete

  25. Section 101.45 - Guidelines for the voluntary nutrition labeling of raw fruits, vegetables, and fish

    21 C.F.R. § 101.45   Cited 1 times

    (a) Nutrition labeling for raw fruits, vegetables, and fish listed in § 101.44 should be presented to the public in the following manner: (1) Nutrition labeling information should be displayed at the point of purchase by an appropriate means such as by a label affixed to the food or through labeling including shelf labels, signs, posters, brochures, notebooks, or leaflets that are readily available and in close proximity to the foods. The nutrition labeling information may also be supplemented by