Leining v. Foster Poultry Farms

Drinker Biddle & Reath, Sheldon Eisenberg, Los Angeles, Ryan M. Salzman and Mark E. Haddad, for Plaintiff and Appellant. Duane Morris, Michelle Pardo, Rebecca Bazan and Paul J. Killion, San Francisco, for Defendant and Respondent American Humane Association. Mayer Brown, Dale J. Giali, Los Angeles, Elizabeth Crepps and Donald M. Falk, Palo Alto, for Defendant and Respondent Foster Poultry Farms, Inc.Get more news about Poultry Farms,you can vist our website!

Drinker Biddle & Reath, Sheldon Eisenberg, Los Angeles, Ryan M. Salzman and Mark E. Haddad, for Plaintiff and Appellant.

Duane Morris, Michelle Pardo, Rebecca Bazan and Paul J. Killion, San Francisco, for Defendant and Respondent American Humane Association.

Mayer Brown, Dale J. Giali, Los Angeles, Elizabeth Crepps and Donald M. Falk, Palo Alto, for Defendant and Respondent Foster Poultry Farms, Inc.The American Humane Association has created a farm animal welfare program, by which it certifies farm-based food producers who comply with its animal welfare standards. If a producer complies with American Humane's standards, the producer can use American Humane's "American Humane Certified" logo on its food, provided it also pays a licensing fee for use of American Humane's trademark.

Foster Poultry Farms, Inc. participates in the American Humane program and uses the American Humane Certified logo on all its chicken products sold in California. Foster Farms must obtain federal approval for the labels of its chicken products, and has obtained that approval for the labels which include American Humane's logo. Foster Farms charges more for its chicken than other producers whose chicken does not bear the American Humane Certified logo. Plaintiff Carol Leining purchased some Foster Farms chicken, in reliance on the American Humane Certified logo on its label. She believed that the American Humane certification meant that the chicken had been humanely treated; but in this litigation, she alleges that the true facts are American Humane certification means nothing, and Foster Farms's chickens were treated inhumanely.

Leining brought suit against Foster Farms for its allegedly misleading labels and against American Humane for its allegedly negligent certification. After extensive litigation, both defendants were granted summary judgment. We affirm, on the basis that Leining has not pleaded a viable cause of action against either defendant. The claims against Foster Farms are barred by federal preemption, and the negligent certification claim against American Humane is not viable in the absence of physical injury.