Washington, DC -- January 23, 2012 -- In a unanimous, 9-0 decision on January 23, 2012, the U.S. Supreme Court ruled in favor of OFW Law's longstanding client, National Meat Association (NMA), and upheld the preemptive effect of the Federal Meat Inspection Act. NMA brought the case on behalf of slaughtering and processing establishments in California. National Meat Association v. Harris, No. 10-224. The Court held that the express preemption provisions of the Federal Meat Inspection Act (FMIA) preempt California's different requirements on how slaughterhouses must handle non-ambulatory swine. California's law "runs smack into" the federal regulations, Justice Elena Kagan wrote for the Court. The Court rejected the defendant-intervenor Humane Society's argument that the California statute was not preempted because it addressed animal welfare rather than food safety. The Court made clear the FMIA addresses not only food safety, but also humane treatment. OFW Law principals Phil Olsson and Dennis Johnson assisted in the preparation and development of the litigation. Please click here to view a copy of the decision.
"We are pleased the Supreme Court unanimously found this California statute was preempted by the Federal Meat Inspection Act," Mr. Olsson said. "This is a very significant decision because it clearly and simply recognizes and upholds Congress's intent to have a single national standard for humane treatment and food safety at federally inspected meat and poultry facilities."
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Founded in 1979 as Olsson and Frank, P.C., and known for many years as OFW, the attorneys and Senior Policy Advisors at OFW Law have built a reputation for depth and expertise by providing legal and bipartisan government affairs representation to in the food, drug, medical device, and agricultural industries. Whether lobbying Congress on behalf of an entire industry or representing a company before a regulatory agency or the courts, OFW Law takes pride in anticipating and understanding the legislative and regulatory initiatives that affect our clients.
