Grocery Manufacturers of America v. Gerace
United States Court of Appeals for the Second Circuit
755 F.2d 993 (1985)
- Written by Alex Ruskell, JD
Facts
New York enacted a law that required alternative cheese products to feature a label that prominently used the word “imitation.” The New York law did not state anything about nutritional values. Under the Food, Drug, and Cosmetic Act, the relevant regulation defined imitation as food that was a substitute for another food but nutritionally inferior. Thus, a nutritionally equivalent or superior substitute food would be misbranded under federal law if it was called imitation. The Grocery Manufacturers of America (plaintiff) sued Joseph Gerace (defendant), the New York Department of Agriculture and Markets Commissioner, arguing that the New York law was preempted by federal law. The court ruled in Grocery’s favor, and Gerace appealed.
Rule of Law
Issue
Holding and Reasoning (Meskill, J.)
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