Organic Consumers Ass'n v. Sanderson Farms, Inc.

I. INTRODUCTION

Organic Consumers Association ("OCA"), Friends of the Earth ("FoE"), and Center for Food Safety ("CFS") bring suit against Sanderson Farms, Inc. over advertising and marketing materials that plaintiffs allege are designed to, and do, *1009 mislead consumers about the nature of Sanderson's chicken products and farming practices. Sanderson moves to dismiss, contending plaintiffs lack standing and assert claims that are preempted and/or implausible. For the reasons explained below, Sanderson's motion is denied.

II. BACKGROUND

Sanderson is a poultry processing company that produces, processes, markets, and distributes fresh and frozen chicken products throughout the United States. It processed nearly four billion pounds of chicken in fiscal year 2016 for net sales of roughly 2.8 billion dollars.

OCA, FoE, and CFS are non-profit organizations that work to safeguard the rights and promote the views and interests of socially responsible consumers and farmers. They conduct research, policy, and advocacy work aimed at creating greater transparency around food production and encouraging practices that support a sustainable and healthy natural environment.

The instant…