Tenth Circuit Adopts Expansive Reading of Express-Preemption Provision
In 'Thornton v. Tyson Foods', the Tenth Circuit took up the scope of the preemption provision in the Federal Meat Inspection Act. In doing so, the appellate court confirmed that it will continue to read express-preemption provisions broadly, giving district courts little room to apply state law even in areas traditionally subject to local control.
April 13, 2022 at 11:09 AM
6 minute read
Earlier this month, the U.S. Court of Appeals for the Tenth Circuit held that a federal law, the Federal Meat Inspection Act (FMIA), expressly preempts state law claims relating to the alleged misbranding of meat products. In doing so, the appellate court suggested that it will continue to read all preemption provisions broadly, leaving little room for states to regulate.
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