Appellate Court Affirms Ruling that Consumers Cannot Challenge Misleading Meat Labeling Prescribed by Federal Law

The U.S. Court of Appeals for the Tenth Circuit affirmed the dismissal of a lawsuit against Tyson Foods, Cargill Meat Solutions, JBS USA Food Company, and National Beef Packing Company in connection with the broad use of the “product of the U.S.” labels, ruling that consumers cannot sue meat manufacturers for misleading labels if the labels are approved by the federal government. The court concluded that such deceptive labeling claims are “expressly preempted by federal law.” The Bona Fide Beef Branding Act of 2022 is currently pending in Congress and would eliminate the “product of the U.S.” label and allow producers to utilize more specific labeling relating to country of origin.