In Quesada v. Herb Thyme Farms, Inc., 166 Cal. Rptr. 3d 346 (Cal. Ct. App. 2013), the California Court of Appeal affirmed the dismissal of the state law action, holding that the federal Organic Foods Production Act of 1990, which governs the labeling of agricultural products as “Organic” and “USDA Organic,” preempts state consumer lawsuits alleging violations of that Act or violations of California’s federally approved State Organic Program.  The court ruled that Congress fully intended in enacting the Organic Foods Productions Act to preclude private enforcement of that Act through state consumer lawsuits so the Act would create a national standard for use of the terms “Organic” and “USDA Organic” in labeling agricultural products.