Food & Beverage Litigation & Regulatory Update

Category: Issue 289

  • USDA Publishes Voluntary Standard for “Naturally Raised” Livestock Marketing Claim

    The Agricultural Marketing Service (AMS) has issued a voluntary standard that livestock producers can use to verify “naturally raised” marketing claims with USDA. The standard apparently took into account more than 44,000 public comments from consumers, veterinarians, trade and professional organizations, national organic associations, consumer, agriculture and animal advocates, and retail and meat companies. AMS…

  • Consumer Watchdog Criticizes NCAA for Alcohol Advertising Policy

    The Center for Science in the Public Interest (CSPI) has criticized the National Collegiate Athletic Association’s (NCAA’s) policy on alcohol marketing during sanctioned events, claiming that beer was the “second most-advertised product” in the Final Four basketball tournament. CSPI allegedly found that beer promotions constituted 12 percent of all advertisements during the Final Four, but…

  • Mass Tainted-Milk Action Filed in Chinese Court; Responsible Producers Sentenced to Death

    More than 200 Chinese families whose children were sickened after consuming melamine-contaminated milk products have reportedly filed suit against a group of 22 milk producers before the Supreme People’s Court in Beijing. Earlier class action suits filed in Chinese courts were not accepted, so it is unclear whether this action will proceed. According to Lin…

  • Beef Hormone Dispute Headed to WTO

    The European Commission has reportedly indicated that it will file a World Trade Organization (WTO) challenge to the U.S. decision to impose new tariffs on European Union (EU) products involved in sanctions stemming from a dispute over beef hormones. The EU has banned hormone-treated beef since the early 1980s, and the WTO ruled in 1998…

  • Whole Foods Takes Due Process Claims Against FTC to Appeals Court

    Whole Foods Market, Inc. has reportedly withdrawn from U.S. district court its due process challenge to the Federal Trade Commission’s (FTC) antitrust proceedings against the company’s merger with Wild Oats Markets, Inc. The case was then refiled before the D.C. Circuit Court of Appeals. According to a Whole Foods executive, “Whole Foods Market is interested…

  • Plaintiffs’ Bar Prepares Litigation in National Salmonella Outbreak

    With hundreds of foods containing potentially contaminated peanut butter being recalled daily, plaintiffs’ lawyers across the nation have begun to file claims against producers, suppliers, retailers, and others in the supply chain. Food claims lawyer William Marler has reportedly brought an action against the Virginia-based Peanut Corp. of America on behalf of Vermont residents Gabrielle…

  • Twin Cities Propose Trans Fat Bans and Menu Labeling Ordinances

    Minneapolis and St. Paul are reportedly developing ordinances to require some restaurants to remove trans fats from their menus and to list calories alongside portions. St. Paul would require chain restaurants with 15 or more locations nationwide to abide by both proposed ordinances, while Minneapolis would apply its menu labeling regulation only to chain restaurants…

  • OSHA Proposed Rulemaking Targets Diacetyl and Related Flavorings

    OSHA has published an advance notice of proposed rulemaking, seeking data, information and comments about occupational exposure to diacetyl and food flavorings containing diacetyl. Diacetyl is a chemical used as a butter flavoring in products such as microwave popcorn, margarine, cooking sprays, snack foods, confectionaries, and other foods with dairy, butter and cheese flavors. Workers…