Robin G. Thornton, et al. v. Tyson Foods, Inc., et al.
AdministrativeLaw Antitrust JusticiabilityDoctri ClassAction
Can the beef packing industry and United States of Agriculture override the clearly stated Congressional purpose of enacting the Federal Meat Inspection Act and the clear grant of concurrent jurisdiction to the states in the preemption section of the Act, in an agency guidance document to permissibly lie to the consumers on a label that the Bangladeshian beef that they are consuming was produced in this Country merely because is reprocessed or repackaged on American soil or the cattle arrived here shortly before they were slaughtered?
Thus, the question presented is: Did the Tenth Circuit Majority err in affirming the decision of the District Court that the state law enforcement against false labeling of the beef packers was preempted by federal law?
Can the beef packing industry and United States of Agriculture override the clearly stated Congressional purpose of enacting the Federal Meat Inspection Act and the clear grant of concurrent jurisdiction to the states in the preemption section of the Act, in an agency guidance document to permissibly lie to the consumers on a label that the Bangladeshian beef that they are consuming was produced in this Country merely because is reprocessed or repackaged on American soil or the cattle arrived here shortly before they were slaughtered?