Troy Backus v. General Mills Inc., et al.
Published: Jan. 25, 2019 | Result Date: Dec. 10, 2018 |Case number: 15-cv-01964-WHO Bench Decision – Dismissal
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Andrew C. Hamilton
(Office of the Kern County Counsel)
Gregory S. Weston
(The Weston Firm)
Defendant
Charles C. Sipos
(Perkins Coie LLP)
David T. Biderman
(Perkins Coie LLP)
Steven K. Hwang
(Perkins Coie LLP)
Facts
Troy Backus filed a class action lawsuit against General Mills in relation to its baking mixes.
Contentions
PLAINTIFFS' CONTENTIONS: Plaintiffs contended that the baking mixes are unsafe because they use trans-fat containing partially hydrogenated oils after the U.S. Food and Drug Administration issued its final determination that partially hydrogenated oils, or PHOs, are no longer generally recognized as safe for human consumption.
DEFENDANT'S CONTENTIONS: General Mills contended that the suit was filed in 2015, and it had a three-year grace period under Section 754 of the Consolidated Appropriations Act for 2016. Defense contended the act made it official that PHOs could be considered safe until June 18, 2018.
Result
The court granted General Mill's motion to dismiss because it was barred by conflict preemption. When Congress passed the Consolidated Appropriations Act, it explicitly expressed the intent that food containing PHOs are not considered unsafe or adulterated until June 18, 2018.
Other Information
A rule 59 motion is pending and noticed for March 13.
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