Food & Beverage Litigation & Regulatory Update

Category: Issue 295

  • Kim Severson and Andrew Martin, “It’s Organic, but Does That Mean It’s Safer?,” The New York Times, March 4, 2009

    “The plants in Texas and Georgia that were sending out contaminated peanut butter and ground peanut products had something else besides rodent infestation, mold and bird droppings. They also had federal organic certification,” opines this article examining a marketplace perception that organic food is both healthier and safer than conventional products. The authors suggest that…

  • Michael Moss and Andrew Martin, “Food Safety Problems Slip Past Private Inspections,” The New York Times, March 6, 2009

    “An examination of the largest food poisoning outbreaks in recent years – in products as varied as spinach, pet food, and a children’s snack, Veggie Booty – show that auditors failed to detect problems at plants whose contaminated products later sickened consumers,” claims this article exploring the role of private inspectors in the current food…

  • Food Safety Expert Says Canada’s Listeria-Testing Rules Do Not Go Far Enough

    As the Canadian Food Inspection Agency (CFIA) unveiled tougher Listeria-testing rules for ready-to-eat meat manufacturing facilities at the end of February 2009, one of the federal government’s food safety advisors reportedly claimed that the rules do not go far enough for large operations. The tougher rules resulted from last summer’s listeriosis outbreak that purportedly led…

  • Chinese Courts Agree to Accept Melamine-Tainted Milk Cases

    According to a news source, the executive vice president of China’s highest court has indicated that the courts will begin accepting the paperwork filed by parents who decided not to participate in the government’s compensation plan for injuries allegedly suffered by children who consumed melamine-tainted milk products. Court official Shen Deyong reportedly said in an…

  • Italian Magistrate Orders Payment of Damages for Contaminated Milk

    An Italian magistrate has reportedly determined that Nestlé Italia and Tetra Pak International are liable for the “psychological prejudice” of parents who gave their daughters milk purportedly contaminated with chemicals from the carton. The milk was apparently withdrawn from sale in France, Spain, Portugal, and Italy in late 2005, over concerns about the leaching of…

  • Pelman Reassigned to Third District Court Judge

    Since it was filed in 2002, the lawsuit filed by a putative class of teenagers alleging obesity-related injury purportedly caused by reliance on deceptive advertising for fast food has been appealed twice to the Second Circuit Court of Appeals and is now before its third trial court judge. Pelman v. McDonald’s Corp., No. 02-7821 (S.D.N.Y.,…

  • Preliminary Injunction Halts Enforcement of California Slaughterhouse Law

    A federal court has granted the meat industry’s motion for a preliminary injunction and ordered California not to enforce a law, adopted on January 1, 2009, that would have required the immediate euthanization of nonambulatory animals in slaughterhouses regulated by the Federal Meat Inspection Act. Nat’l Meat Ass’n v. Brown, No. 08-1963 (E.D. Cal., decided…

  • Settlement Approved in Omega-3 Egg Litigation

    A federal court in Washington recently approved a class action settlement in a case filed against egg farmers who allegedly engaged in unfair, deceptive and improper conduct in the marketing and sale of omega-3 fortified eggs. Schneider v. Wilcox Farms, Inc., No. 07-01160 (W.D. Wash., filed January 12, 2009). As we reported in issue 226…