Sunday, May 3, 2009

chicken of the sea

chicken of the sea

The U.S. Supreme Court has signaled it's clear sailing ahead for a suit by a New Jersey woman who claims to have suffered mercury poisoning from Chicken of the Sea canned tuna.

Monday's denial of certiorari sets the stage for a federal court trial in Newark, N.J., in a putative class action suit, filed under New Jersey's Product Liability Act, that faults a cannery company with not putting mercury warnings on the label.

The justices without opinion let stand a 3rd U.S. Circuit Court of Appeals ruling last September that the claim is not pre-empted by the Food and Drug Administration's "pervasive regulatory scheme."

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