Category: Issue 296
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Misbranded Food Conviction Overturned
Judge Richard Posner, writing for a Seventh Circuit Court of Appeals panel, has determined that the government failed to prove that the defendant misbranded food by changing the “best when purchased by” date on bottled salad dressing that he then resold. U.S. v. Farinella, Nos. 08-1839, 08-1860 (7th Cir., decided March 12, 2009). A jury…
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Court Finds No Compensable “Taking” from Egg Producer
The Federal Circuit Court of Appeals has determined that a U.S. Department of Agriculture (USDA) Salmonella rule, which interfered with an egg producer’s sales for about two years, was not a compensable taking under the Fifth Amendment. Rose Acre Farms, Inc. v. U.S., No. 07-5169 (Fed. Cir., decided March 12, 2009). The case involved emergency regulations…
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Class Action Filed in Florida over Yogurt Claims
A Florida resident has filed a putative class action lawsuit against General Mills, Inc., in federal court, alleging that its claims about Yo-Plus® yogurt violate the state’s deceptive and unfair trade practices law and constitute a breach of express warranty. Fitzpatrick v. General Mills, Inc., No. 09-60412 (S.D. Fla., filed March 17, 2009). Seeking to…
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Jury Awards $7.55 Million in Diacetyl Exposure Case
The day after Ronald Kuiper died, a jury reportedly awarded the former popcorn factory worker and his wife $7.55 million in litigation against one of the companies that supplied the flavorings with diacetyl used by his employer. Kuiper v. Givaudan Flavors Corp., No. 06-4009 (N.D. Iowa, verdict rendered March 12, 2009). Kuiper apparently alleged that he…
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HHS Announces Meeting to Discuss Draft Positions for Codex Food Labeling Committee
The U.S. Department of Health and Human Services, Department of Agriculture, and Food and Drug Administration have announced an April 7, 2009, public meeting to discuss agenda items and draft positions for the Codex Alimentarius Commission’s 37th Session of the Codex Committee on Food Labeling (CCFL) slated for May 4-8, 2009, in Calgary, Canada. The…
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OSHA Withdraws Rulemaking Action on Diacetyl
The Occupational Safety and Health Administration (OSHA) has withdrawn its Advance Notice of Proposed Rulemaking (ANPRM) on Occupational Exposure to Diacetyl and Food Flavorings Containing Diacetyl so that a Small Business Advocacy Review Panel can promptly convene to study the effect such a rule would have on small businesses. According to OSHA’s notice, materials submitted…
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FDA Confirms Effective Date of Color-Additive Labeling Rule
On January 5, 2009, the Food and Drug Administration (FDA) issued a rule ordering food and drink manufacturers that color their products with cochineal extract and carmine to declare the presence of those ingredients on labels. Further details about the rule appear in issue 287 of this Update. Last week, FDA confirmed the effective date…
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FDA Allows Soy-Based Foods, Drinks to Be Fortified with Vitamin D
The Food and Drug Administration (FDA) has amended its food-additive regulations to allow soy-based foods and drinks to be fortified with vitamin D. The amendment, which was prepared in response to a petition filed by Dean Foods, allows for the addition of crystalline vitamin D2—and not the resin from the vitamin—to soy beverages, soy beverage…