Dive Summary:

• Unilever is currently facing a class action lawsuit claiming it misled customers as to the calorie content of its I Can't Believe It's Not Butter cooking spray.
• The spray, advertised as zero fat, zero calorie, actually has 771 calories and 88 grams of fat per bottle, however the serving size is so small, that these calories become negligible under FDA regulations.
• This is why the company is trying to make the case for preemption, which would stop the case altogether as a function of the FDA, not the court system.  The interesting thing is, in California where the case is being tried, judges have been hesitant to call for preemption, making it anyone's guess as to whether the case will continue. 

From the article:

"Enforcement of the Food Drug & Cosmetic Act is exclusively by the FDA, so a private plaintiff asserting in effect that a company has created a serving size at odds with actual consumer use would ordinarily be limited to pursuing the complaint through the FDA.”