The 3rd U.S. Circuit Court of Appeals has revived a class action suit against the manufacturer of Chicken-of-the-Sea brand tuna brought by consumers who say they were never warned that excessive consumption could lead to mercury poisoning. The unanimous three-judge panel found that a lower court improperly dismissed the suit on the grounds that it was pre-empted by U.S. Food & Drug Administration regulations.
3rd Circuit Revives Mercury-in-Tuna Class Action
The Legal Intelligencer
August 20, 2008