Ninth Circuit Holds That California Food-Labeling Law Is Not Preempted by Federal Law - Holland & Knight
The Ninth Circuit ruled that California's food-labeling law is not preempted by federal law, meaning food manufacturers selling in California must comply with both state and federal labeling requirements.
Aforeworn detected this change in the Food & Beverage Manufacturing (FDA/FSMA/USDA) space on August 22, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated High urgency. Food manufacturers, beverage makers, co-packers/private label, and ingredient suppliers selling products in California. should confirm how it applies to their specific situation before acting. There is a time constraint attached: No specific deadline provided; action should be taken promptly to avoid enforcement.. Acting after that point can mean penalties, a lapsed licence, or lost eligibility — exactly the kind of surprise Aforeworn exists to prevent. Aforeworn monitors Food & Beverage Manufacturing (FDA/FSMA/USDA) continuously and turns every detected change into a plain-English briefing like this one, so you always know first. Forewarned is forearmed.
What changed
A federal appeals court confirmed that California's food-labeling law can be enforced alongside federal labeling rules, so businesses must meet both sets of requirements.
Who it affects
Food manufacturers, beverage makers, co-packers/private label, and ingredient suppliers selling products in California.
What you must do
Review current product labels to ensure they comply with California's specific labeling requirements in addition to federal FDA/USDA rules.
Deadline
No specific deadline provided; action should be taken promptly to avoid enforcement.
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