The FDA says that on the "Nutrition Label" that's attached to food packaging, you've got to round down. So if there's less than 0.5 grams of trans fat, you put "0" grams in the box. Okay.
But the Ninth Circuit says it might still violate California false advertising law to thereafter say "No Trans Fat" on the packaging -- outside the box -- when the food does indeed contain trans fat.
Fair enough as well. No preemption, since it's (literally) outside the box.
The strangest thing out this opinion is timing. It's a lawsuit that was filed in 2015 and resolved on a 12(b)(6) motion. You wouldn't necessarily think it'd take three-plus years to get dismissed and then finished in the Ninth Circuit. Yet it does.
Justice grinds relatively slowly sometimes.
