Robin G. Thornton, et al. v. Tyson Foods, Inc., et al.

Can the beef packing industry and United States of Agriculture override the clearly stated Congressional purpose of enacting the Federal Meat Inspection Act and the clear grant of concurrent jurisdiction to the states in the preemption section of the Act, in an agency guidance document to permissibly lie to the consumers on a label that the Bangladeshian beef that they are consuming was produced in this Country merely because is reprocessed or repackaged on American soil or the cattle arrived here shortly before they were slaughtered? Of the Tenth Circuit Panel examining that question, one Judge easily and resoundingly arrived at the obviously correct answer that such a premise violates not only this Court’s preemption jurisprudence, but also the principles of federalism specifically preserved by Congress in the Act, to say nothing of what such dishonesty by the beef packers does for consumer trust in American beef. See Thornton v. Tyson Foods, Inc., 28 F.4th 1016, 1029–33 (10th Cir. 2022); Appendix pages 23a-31a. Thus, the question presented is: Did the Tenth Circuit Majority err in affirming the decision of the District Court that the state law enforcement against false labeling of the beef packers was preempted by federal law?