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Fellner v. Tri-Union Seafoods, LLC

Topic(s): Preemption of Consumer Remedies
Status: closed
Date Of Involvement: 05/21/2007
Docket: 07-1238

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Description:

In this case, defendant Tri-Union Seafoods contended that Deborah Fellner's claims that she was not adequately warned about the dangers of mercury in tuna fish are impliedly preempted by the FDA's "approach" to mercury in seafood. In its brief on behalf of Ms. Fellner, Public Citizen explained that the FDA's few informal actions on mercury in seafood do not preempt Ms. Fellner's state-law claims. In August, 2008, the Third Circuit agreed that the FDA’s actions did not constitute federal law that preempt Ms. Fellner’s state-law claims. Tri-Union than petitioned for a writ of certiorari to the U.S. Supreme Court; we opposed the petition, and it was denied.