No. 21-1604

Robin G. Thornton, et al. v. Tyson Foods, Inc., et al.

Lower Court: Tenth Circuit
Docketed: 2022-06-29
Status: Denied
Type: Paid
Response Waived
Tags: agency-guidance consumer-protection federal-meat-inspection-act federalism food-labeling labeling-regulations meat-inspection-act preemption
Key Terms:
AdministrativeLaw Antitrust JusticiabilityDoctri ClassAction
Latest Conference: 2022-09-28
Question Presented (from Petition)

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?

Question Presented (AI Summary)

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?

Docket Entries

2022-10-03
Petition DENIED.
2022-07-06
DISTRIBUTED for Conference of 9/28/2022.
2022-06-30
Waiver of right of respondent Tyson Foods, Inc., et al. to respond filed.
2022-06-24
Petition for a writ of certiorari filed. (Response due July 29, 2022)

Attorneys

Robin G. Thornton, et al.
Aubrey Blair DunnWesternAgricultureResourceBusinessAdvocatesLLP, Petitioner
Tyson Foods, Inc., et al.
Aaron D. Van OortFaegre Drinker Biddle & Reath LLP, Respondent