A consumer alleging Sun-Maid Growers of California deceptively advertises its “yogurt-covered” raisins can’t proceed with her claims because they are preempted by federal regulations.
The US Food and Drug Administration issued a rule in 2021 that clarified “yogurt-covered” products don’t need to be covered in yogurt containing live-cultures but must contain yogurt powder, the US District Court for the Southern District of California said Tuesday.
Plaintiff Margaret McGarity alleged that the lack of yogurt containing live-cultures meant the raisins actually have a candy shell, but her claims can’t escape federal preemption because they are based on something “that does not …
