Gregory Brod v. Sioux Honey Ass'n, Cooperative
Opinion
Opinion
MEMORANDUM
Appellant Gregory Brod appeals the district court’s dismissal of his claims as preempted by federal law. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.
The district court did not err in finding federal law preempts California law to the extent California law prohibits de-pollinat-ed honey from being labeled and sold as “honey.” Brod claims Sioux Honey Association Cooperative (“Sioux Honey”) violated' California law by selling Sue Bee Clover Honey, which is de-pollinated, as “honey.” See Cal. Food & Agrie. Code §§ 29671 , 29413(e) (West 2015). The Federal Food, Drug, and Cosmetic Act, as amended by the Nutrition Labeling and Education Act, preempts state food labeling laws that impose requirements that are “not identical” to federal labeling regulations. 21 U.S.C. § 343 — 1(a)(3). Because de-pollinated honey is not “a food for which a definition and standard of identity has been prescribed by regulations as provided by section 341” of title 21 of the United States Code, see 21 U.S.C. § 343 (g), under federal law, de-pollinated honey must be labeled with the “common or usual name of the food, if any there be_”21 U.S.C. § 343(i). ■