Here’s a disturbing item, courtesy of Bloomberg News….jpg "800pxkus_lososa_2")
The U.S. Supreme Court has reportedly asked the Justice Department “for advice” regarding an attempt by the nation’s biggest grocery chains to prevent customers “from suing over violations of government food-labeling rules.”
The supermarket chains are hoping to derail a customer suit accusing them of “concealing that salmon they sold contained artificial coloring,” by arguing that the federal Food, Drug, and Cosmetic Act, “bars private efforts to enforce similar state laws.”
The California Supreme Court allowed the suit to go forward, but the U.S. Supreme Court’s query may indicate that the justices intend to add the case to its already preemption-heavy 2008-2009 docket.
And given the high court’s apparent affection for all things “preemptive,” (Medtronic anyone?) it’s difficult to view this latest development as anything but an ominous sign of things to come. Here’s hoping we’re wrong…
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