Potato, Potahto, Tomato, Tomahto. . . Let’s Call The Whole Organic Thing Off.

A class representative plaintiff brought an action against a grower for allegedly mislabeling products as organic. Based on a preemption analysis, the trial court granted defendant’s motion for judgment on the pleadings. The appellate court affirmed, holding the Organic Food Production Act of 1990 [OFPA; 7 U.S.C. § 6501] precludes private enforcement through state consumer lawsuits in order to achieve its objective of establishing a national standard for the use of “organic” and “USDA Organic” in labeling agricultural products.” (Quesada v. Herb Thyme Farms, Inc. (Cal. App. Second Dist., Div. 3; December 23, 2013) 222 Cal.App.4th 642, [166 Cal.Rptr.3d 346].)