The California Supreme Court says consumers have a right to file lawsuits under California law alleging food products are falsely labeled “organic.” The ruling last week overturned a lower state court decision that barred such lawsuits because they were not allowed by federal law. An appeals court had ruled in 2013 that Congress wanted only state and federal officials to police organic food violations to create a national standard for organic foods. However, the state Supreme Court said allowing consumer lawsuits would further congressional goals of curtailing fraud and ensuring consumers can rely on organic labels. At issue were allegations in a lawsuit by a consumer that Herb Thyme Farms Inc. — one of the nation’s largest herb producers — mixed organic and non-organic herbs then falsely labeled the product “100% organic.” An attorney for the company said in a court brief that “If a lone consumer can second-guess the USDA’s certification, and a grower cannot rely on its federal authorization to use the term, the already high cost of production of such products will skyrocket, or more likely, there will be no organic products to enjoy.”
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