9th Cir.;
12-56726

The court of appeals affirmed in part and reversed in part a district court’s order of dismissal. The court held in pertinent part that preemptive effect is not be afforded to agency actions that do not carry the force of law. The court held further that a consumer’s challenge to a food manufacturer’s labeling claim of “no trans fats” in its product was not preempted by FDA regulations where the agency reasonably read its regulations to mean no such statement was authorized.