Tag Archives: LAWSUIT

California Egg Law Challenged in U.S. Supreme Court

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

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

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

Lawsuit Over FDA Delaying Menu Labeling Rule on Hold for Now

As previously reported on this blog, on June 7, 2017,  two nongovernment organizations (NGOs)—the Center for Science in the Public Interest and the National Consumer League—filed a complaint in U.S. District Court in Washington, D.C. against FDA for delaying implementation of the menu labeling rule. By way of background, the menu labeling provisions were added to the … Continue Reading

Philly Soda Tax Opponents Appeal To PA Supreme Court

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

Industry Groups Sue NYC to Block Menu Labeling Enforcement

In 2008, New York City passed the first calorie disclosure rule for restaurants and in 2015, the city amended the rule to match federal requirements (for more information on the federal requirements, see the KHlaw.com article, FDA Issues Final Rules on Menu and Vending Machine Nutrition Labeling Requirements.) As we reported on this blog, FDA … Continue Reading

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

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

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

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

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

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

Consumer Groups Sue FDA for Delaying Menu Labeling Rule

As previously covered on this blog, on May 4, 2017, FDA published an interim final rule that delays the compliance date for menu labeling requirements from May 5, 2017, until May 8, 2018 and invites comments for 60 days on the implementation of the menu labeling requirements. Yesterday, the Center for Science in the Public … Continue Reading

Kraft Motion to Dismiss ‘All Natural’ Lawsuit

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

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

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

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

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

Bucolic Brouhaha: Lawsuit Challenges “Pasture Raised” Claims

Lawsuit alleges that an egg retailer falsely labeled eggs as “pasture raised”. The term “pasture raised” is the latest labeling claim to become embroiled in controversy.  Like the term “natural” (which has been the subject of extensive consumer litigation), the term “pasture raised” is also not currently regulated at the federal level. The Animal Legal … Continue Reading

GMA and Vermont Agree to Drop GMO Lawsuit

The food industry, led by the Grocery Manufacturers of America (GMA), and Vermont have agreed to dismiss a federal lawsuit that challenged a state law requiring the labeling of certain foods made with genetically modified organisms. (Subscription to The New York Times required) As previously covered on this blog, Vermont’s labeling requirements for genetically modified … Continue Reading

Ractopamine Rancor

An upcoming Appeals Court decision may embolden consumer advocacy groups to bypass administrative remedies in favor of the courts. (subscription to Food Chemical News required) Consumer groups sued FDA in November 2014 for approving ractopamine-based feed additives used to promote faster growth and leaner meat in food producing animals such as cattle, pigs, and turkeys, … Continue Reading

Soda Speech Suit

Washington Legal Foundation files brief in support of First Amendment challenge to San Francisco soda warning. As previously covered on this blog, the City of San Francisco passed legislation that requires health warnings to be placed on advertising for sugar-sweetened beverages.  Industry and advertising trade associations filed a lawsuit challenging the legislation on First Amendment grounds.  … Continue Reading

San Francisco Sugar Suit Shutdown

San Francisco sugar-sweetened beverage warning set to take effect in July. As previously covered on this blog, the City of San Francisco passed legislation in June 2015 that requires 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, … Continue Reading

Sued Over Salmon

FDA sued over approval of genetically engineered salmon. In November 2015, FDA issued its first approval for a genetically engineered (GE) animal intended for direct human consumption.  The AquAdvantage Salmon is an Atlantic salmon engineered to grow twice as fast as its natural counterpart.  Since the approval, the GE salmon has been mired in controversy.  A provision in the … Continue Reading

Ninth Circuit Neutralizers

Ninth Circuit puts food labeling challenge on hold pending FDA action. As food industry stakeholders are well aware, “natural” claims invite the risk of consumer class action challenges in the absence of any formal regulatory definition or regime to govern the use of the term.  Similarly, food companies also have faced challenges related to the use of … Continue Reading
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