§Why CasetextPricing

QUESADA v. HERB THYME FARMS

Appellant’s Reply Brief on the Merits

35 Cited authorities

  1. Medtronic, Inc. v. Lohr

    518 U.S. 470 (1996)   Cited 2,419 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"

  2. Wyeth v. Levine

    555 U.S. 555 (2009)   Cited 1,434 times   101 Legal Analyses
    Holding that the FDA's drug labeling judgments pursuant to the FDCA did not obstacle preempt state law products liability claims

  3. Altria Grp., Inc. v. Good

    555 U.S. 70 (2008)   Cited 638 times   9 Legal Analyses
    Holding that federal law did not preempt common-law fraud claim against cigarette manufacturer based on advertising of light cigarettes

  4. Geier v. Am. Honda Motor Co.

    529 U.S. 861 (2000)   Cited 787 times   16 Legal Analyses
    Holding the absence of an express pre-emption clause “does not bar the ordinary working of conflict pre-emption principles”

  5. Gade v. National Solid Wastes Management Ass'n

    505 U.S. 88 (1992)   Cited 891 times   10 Legal Analyses
    Holding that "nonapproved state regulation of occupational safety and health issues for which a federal standard is in effect is impliedly preempted" by OSHA's standard

  6. 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

  7. Freightliner Corp. v. Myrick

    514 U.S. 280 (1995)   Cited 627 times   6 Legal Analyses
    Holding that a suspended Safety Act standard regarding tractor-trailer air brakes did not preempt common law tort actions

  8. Pom Wonderful LLC v. Coca-Cola Co.

    573 U.S. 102 (2014)   Cited 330 times   31 Legal Analyses
    Holding that the FDCA did not bar a Lanham Act claim alleging that a "Pomegranate-Blueberry" juice blend was misleadingly labeled because it contained only 0.3% pomegranate juice and 0.2% blueberry juice

  9. Nader v. Allegheny Airlines

    426 U.S. 290 (1976)   Cited 446 times   1 Legal Analyses
    Holding no irreconcilable conflict

  10. Farmers Ins. Exchange v. Superior Court

    2 Cal.4th 377 (Cal. 1992)   Cited 489 times   1 Legal Analyses
    Holding that the UCL " 'borrows' violations of other laws and treats these violations, when committed pursuant to business activity, as unlawful practices independently actionable under [the UCL]"

  11. Section 337 - Proceedings in name of United States; provision as to subpoenas

    21 U.S.C. § 337   Cited 670 times   19 Legal Analyses
    Restricting FDCA enforcement to suits by the United States

  12. Section 1331 - Congressional declaration of policy and purpose

    15 U.S.C. § 1331   Cited 387 times   1 Legal Analyses
    Establishing policy of protecting "commerce and the national economy"

  13. Section 667 - State jurisdiction and plans

    29 U.S.C. § 667   Cited 181 times   10 Legal Analyses
    Providing for transfer of jurisdiction

  14. Section 6501 - Purposes

    7 U.S.C. § 6501   Cited 59 times   17 Legal Analyses

    It is the purpose of this chapter- (1) to establish national standards governing the marketing of certain agricultural products as organically produced products; (2) to assure consumers that organically produced products meet a consistent standard; and (3) to facilitate interstate commerce in fresh and processed food that is organically produced. 7 U.S.C. § 6501 Pub. L. 101-624, title XXI, §21022102,, 104 Stat. 3935. STATUTORY NOTES AND RELATED SUBSIDIARIES SHORT TITLE Pub. L. 101-624, title XXI

  15. Section 6503 - National organic production program

    7 U.S.C. § 6503   Cited 21 times   1 Legal Analyses
    Directing the Secretary of Agriculture to "establish an organic certification program for producers and handlers of agricultural products that have been produced using organic methods as provided in [the OFPA]"

  16. Section 6507 - State organic certification program

    7 U.S.C. § 6507   Cited 18 times   2 Legal Analyses
    Providing for potentially more restrictive state organic certification regulations, but only with USDA approval

  17. Section 6519 - Recordkeeping, investigations, and enforcement

    7 U.S.C. § 6519   Cited 17 times   2 Legal Analyses
    Containing no provision for damages through the administrative process