092762P.pdf   09/15/2010  In Re: Aurora Dairy Corp  v.  
   U.S. Court of Appeals Case No:  09-2762
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Riley, Author, with Smith and Shepherd, Circuit Judges]
   Civil case - Organic Food Production Act of 1990. In view of the Act's
   text and purpose, the narrowness of its express preemption provision, the
   presumption against preemption and the tradition of state regulation in
   the area of consumer protection, the Act's regulatory scheme is not so
   pervasive as to make a reasonable inference that Congress left no room
   for the States to supplement it; all claims against the certifying agent
   QAI, which certified Aurora's milk as organic were preempted by the
   Act; class action claims that Aurora and retailers sold milk as organic
   when it fact it was not are preempted; the plaintiffs' claims based on state
   laws regulating deceptive advertising practices were not preempted, and
   the matter is remanded for further proceedings on such claims.