An attorney for plaintiffs who said they were duped into buying “organic” infant formula that actually contained synthetic ingredients told a federal appeals court on Wednesday that producer Abbott Laboratories lied to a third-party entity charged with certifying the product’s contents.
But Abbott, which produces Similac Advance Organic infant formulas, argues that U.S. District Judge Pamela Chen of the Eastern District of New York correctly granted a motion to dismiss the suit, which made claims under New York and California’s unfair trade practices statute, was pre-empted by the federal Organic Foods Production Act, or OFPA.
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