California Supreme Court’s Decision Against Federal Preemption In Farmed Salmon Cases Is Left Undisturbed

By Ricardo Carvajal –      

The Supreme Court has denied certiorari in the case of Albertson’s, Inc. v. Kanter (No. 07-1327).  As we previously reported, the California Supreme Court ruled against federal preemption of plaintiffs’ lawsuit alleging false advertising and unfair and deceptive trade practices in violation of California law, and remanded the case to the appellate court for further proceedings.  Defendants then filed a petition for certiorari with the U.S. Supreme Court, which led the Court to ask the federal government for its view on the question of preemption.  As we discussed in a prior posting, the Solicitor General and FDA argued against preemption in an amicus curiae brief that appears to have been persuasive.