California cannot enforce the “slack fill” label and packaging requirements of the state’s Business and Professional Code because the state law is preempted by the federal Meat Inspection Act and the federal Poultry Products Inspection Act.
The U.S. Court of Appeals for the 9th Circuit on Feb. 12 upheld the Aug. 19, 2013, decision by U.S. District Court Judge Lawrence J. O’Neill that “permanently enjoined and restrained” California officials from enforcing the slack fill requirements. The decision of the U.S. District Court for Eastern California was appealed to the 9th Circuit by California Attorney General Kamala D. Harris, who has not commented on losing the case. Read More