Minnesota Judge Punts Yogurt Lawsuit to FDA

MINNESOTA A federal judge in Minnesota on Monday dismissed a case against General Mills, Inc. and Yoplait USA, Inc., finding that a dispute over the proper labeling of a yogurt product should be handled by the U.S. Food and Drug Administration (FDA) rather than the court.

The dispute centered around whether milk protein concentrate is an ingredient permitted in yogurt. Earlier this year, Illinois resident Martin Taradejna filed suit against General Mills and Yoplait after he paid $1.89 for a Yoplait Greek yogurt. He alleged the yogurt label was improper because it failed to reveal that the product was not really yogurt since it contained milk protein concentrate.

In a 13-page ruling, U.S. District Judge Susan Richard Nelson invoked the doctrine of "primary jurisdiction", finding FDA was best suited to handle the dispute.

"The FDA is in the best position to resolve any ambiguity about the standard of identity for yogurt a matter requiring scientific and nutritional expertise," the judge wrote. "Moreover, given that the FDA has issued its 2009 Proposed Rule on the standard of identity for yogurt, it would be imprudent for the Court, at this juncture, to substitute its judgment for that of the Agency's while revision of the standard of identity is pending."

Nelson further noted that a number of similar lawsuits have been filed across the country, and she expressed the view that such voluminous litigation could result in inconsistent rulings.

"This underscores the importance of promoting uniformity by referral of this matter to the FDA," she wrote. "While the Court is very mindful of added expense and delay that may result from a primary jurisdiction referral, the need for scientific and technical expertise and uniformity and consistency within this field outweighs these other considerations."

The case before the U.S. District Court for the District of Minnesota was dismissed without prejudice, and Nelson directed the parties to begin the proper proceedings with FDA.