Tag Archives: LAWSUIT

Continuing Fallout from E. Coli Outbreak in Romaine

Posted on May 31, 2018

According to the Wall Street Journal (paywall), the impact of the recent E. coli outbreak in romaine lettuce continues to ripple through the market, causing a 44.5% drop in retail sales of romaine as compared to the previous year and a 27.6% drop in sales of lettuce overall. Retailers, restaurants, and growers are already facing … Continue Reading

California Court Upholds Labor Code Listing Mechanism in Monsanto Glyphosate Case

Posted on April 26, 2018

A California Court of Appeals has rejected various arguments made by Monsanto Company, challenging the listing of glyphosate based on the Proposition 65 Labor Code listing mechanism, where carcinogens listed by the International Agency for Research on Cancer are automatically listed under Proposition 65. The court did not agree that the Labor Code listing of … Continue Reading

Judge Sides with Proposition 65 Plaintiffs in Acrylamide in Coffee Case

Posted on April 5, 2018

In a recent proposed statement of decision, LA Superior Court Judge Elihu Berle dealt a blow to Starbucks and a number of other defendants in a case regarding Proposition 65 warnings for acrylamide in coffee, finding that the defense failed to support any of the three criteria necessary to support an alternative significant risk level … Continue Reading

Court Grants Injunction in Proposition 65 Glyphosate Warning Case

Posted on March 15, 2018

A California court has granted an injunction enjoining various growers associations from providing Proposition 65 cancer warnings for crops grown with glyphosate. In a motion for preliminary injunction, National Association of Wheat Growers et al. v. Zeise, the court held that a Proposition 65 warning conveying that glyphosate causes cancer would not be “factually accurate” … Continue Reading

Opposing Views and Uncertain Future for the Philadelphia Soda Tax

Posted on March 12, 2018

15 Months In, Philly Still Plagued With Soda Tax Uncertainties (subscription to Law360 required) As previously covered on this blog, Philadelphia’s 1.5-cent-per-ounce tax on distributors of sweetened beverages (including soda and diet soda, non-100% fruit drinks; sports drinks; flavored water; energy drinks; pre-sweetened coffee or tea; and non-alcoholic beverages intended to be mixed into alcoholic drinks) … Continue Reading

Cattlemen Groups Urge USDA to Require Country-of-Origin Labeling for Imported Beef and Pork

Posted on January 25, 2018

As previously covered on this blog, mandatory country of origin labeling (COOL) rules for beef products have long been the subject of controversy and challenge, culminating in: (1) a World Trade Organization (WTO) ruling that the COOL requirements violate U.S. trade obligations to Canada and Mexico and (2) Congress repealing COOL for beef and pork as … Continue Reading

Washington State Sued over Termination of Salmon Farming Lease

Posted on January 9, 2018

As previously reported on this blog last month, Washington State Department of Natural Resources (DNR) announced the termination of Cooke Aquaculture Pacific’s Port Angeles net pen lease for salmon farming. Canadian-based Cooke Aquaculture (Cooke) filed a lawsuit in Clallam County Superior Court on January 4, 2018, claiming that the decision to terminate the lease was … Continue Reading

California Egg Law Challenged in U.S. Supreme Court

Posted on December 5, 2017

Missouri Attorney General Josh Hawley announced that 12 states have joined Missouri in a lawsuit challenging a California law requiring any eggs sold in the state to come from hens that have space to stretch out in their cages. The lawsuit was filed on December 4 to the U.S. Supreme Court. In 2008, Californians approved, … Continue Reading

Philly Sweetened Beverage Tax Under Fire

Posted on October 18, 2017

As previously covered on this blog, on June 16, 2016, the Philadelphia city council voted 13-4 to approve a 1.5-cent-per-ounce tax on sugar-sweetened beverages. The tax – which took effect on January 1, 2017 – is levied on distributors and covers a variety of beverages, including soda and diet soda, non-100% fruit drinks; sports drinks; flavored water; energy drinks; … Continue Reading

Court Blocks San Francisco Law Requiring Warnings on Soft Drink Ads

Posted on September 20, 2017

As previously covered on this blog, the City of San Francisco passed legislation in June 2015 that required health warnings to be placed on advertising for sugar-sweetened beverages (i.e., nonalcoholic beverages with caloric sweeteners that contain more than 25 calories per 12 oz.). Specifically, the warning would have read: “WARNING: Drinking beverages with added sugar(s) contributes … Continue Reading

Philly Soda Tax Opponents Appeal To PA Supreme Court

Posted on July 19, 2017

ABC News and BPI Reach Settlement in Lean Finely Textured Beef Litigation

Posted on July 3, 2017

As previously covered on this blog, in the Spring of 2012, ABC News aired a series of reports on “Lean Finely Textured Beef” (LFTB), referring to the product as “pink slime.” The media coverage of LFTB and resulting consumer concern led many quick serve chains to discontinue using beef that contains LFTB. In addition, over … Continue Reading

Cattle Producers Sue USDA to Reinstate COOL

Posted on June 28, 2017

As previously covered on this blog, in 2013, the U.S. Department of Agriculture (USDA) implemented country of origin labeling (COOL) rules, requiring meat labels to indicate where animals were born, raised, and slaughtered. Meatpacking and livestock commodity groups in the U.S., Canada, and Mexico challenged the COOL requirements via appeal to the World Trade Organization (WTO) and … Continue Reading

Seafood Traceability Rule to Remain in Place, Says Court

Posted on June 27, 2017

As reported previously on this blog, concerns about illegal, unreported and unregulated (IUU) seafood fraud, led to a proposed rule to establish a traceability program for certain seafood species. The final rule establishing the Seafood Import Monitoring Program was published by the National Oceanic and Atmospheric Administration (NOAA), National Marine Fisheries Service (NMFS), Department of … Continue Reading

New “Natural” Lawsuit Targets Sanderson Farms’ “100 Percent Natural” Chicken

Posted on June 26, 2017

A leading poultry producer has been sued over “natural” claims on its chicken products. (subscription to Law360 required) Americans’ increasing appetite for clean label, ethically-raised foods has resulted in the continued proliferation of consumer advocacy litigation targeting “natural” claims for products containing synthetic ingredients or preservatives. Adding fuel to the continued uptick in “natural” litigation … Continue Reading

Court Upholds Philly Soda Tax

Posted on June 15, 2017

As previously covered on this blog, on June 16, 2016, the Philadelphia city council voted 13-4 to approve a 1.5 cent per ounce tax on sugar-sweetened beverages. The tax – which took effect on January 1, 2017 – is levied on distributors and covers a variety of beverages, including soda and diet soda, non-100% fruit drinks; sports drinks; flavored … Continue Reading

Kraft Motion to Dismiss ‘All Natural’ Lawsuit

Posted on June 1, 2017

Kraft seeks to end ‘all-natural’ sour cream labeling suit (subscription to Law360 required) Kraft Heinz Foods Co. (Kraft) asked the court (the U.S. District Court for the Eastern District of New York) to dismiss a putative class action over claims the “All Natural” label on its Breakstone’s sour cream is misleading because the sour cream … Continue Reading

CFS and Others Sue FDA Over GRAS Rule

Posted on May 23, 2017

FDA has premarket review authority over food additives; however, substances that are generally recognized as safe (GRAS) are not legally considered “food additives” as that term is defined under the Federal Food, Drug and Cosmetic Act, and therefore are not subject to the premarket clearance requirements that apply to other substances used in or in … Continue Reading

Natural Challenge Stayed

Posted on March 16, 2017

Court places “natural” challenge on hold pending FDA action (subscription to Law 360 required) As the food industry is well aware, lawsuits challenging “natural” claims continue to proliferate nationwide. Many challenges have focused on the presence or use of synthetic ingredients or processing aids in products positioned as “all-natural” or “100% natural.” For example, Kraft Foods … Continue Reading

Another “Natural” Lawsuit

Posted on October 19, 2016

A leading meat producer has been sued over “natural” claims on deli meats. (subscription to Law360 required) Challenges to “natural” claims continue, with many cases targeting “natural” claims for products containing synthetic ingredients or preservatives. As previously covered on this blog, FDA is considering whether to regulate the term “natural”. USDA, which regulates meat and … Continue Reading

Organic Melee: USDA Loses Latest Round in Legal Challenge Over Synthetics in Organic Production

Posted on September 23, 2016

A district court judge has denied USDA’s motion to dismiss a lawsuit alleging that the Agency illegally changed its process for reviewing synthetic substances used in organic production. By way of background, the U.S. Department of Agriculture (USDA) administers the National Organic Program (NOP), which includes standards for “organic” food in the United States. The … Continue Reading

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