BREAKING NEWS: Supreme Court to issue opinion Monday in UCL preemption case: Farm Raised Salmon Cases

Today, the Supreme Court announced that it will be issuing its opinion Monday morning in an important preemption case, Farm Raised Salmon Cases, no. S147171. This case raises the following issue: "Does the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.) impliedly preempt plaintiffs’ state law claims [including a UCL claim] against defendants for deceptive marketing of food products by failing to disclose that farmed salmon sold in their stores contains artificial coloring?" The Court of Appeal answered yes. See Farm Raised Salmon Cases, 142 Cal.App.4th 805 (2006).

Attorney Kelly Chen attended the Supreme Court argument in December and wrote up a report, which is available at this link. Kelly reported that the justices' questions suggested that they are leaning against a finding of preemption.

When the opinion is posted online Monday morning at 10:00 a.m., it should be available here: Farm Raised Salmon Cases, ___ Cal.4th ___ (Feb. 11, 2008).