Food & Beverage Litigation & Regulatory Update

Category: Issue 310

  • EU Court Issues Ruling on “Bavaria” Beer Designation

    Responding to questions referred to it by an Italian court, the European Court of Justice (ECJ) has determined that (i) the term “Bavaria,” when used in conjunction with beer, is not a generic term, but rather is a protected geographical indication (PGI) recognized in valid proceedings by the European Commission in 2001; and (ii) beer…

  • DOJ Seeks Court Order to Close Mexican-Cheese Processor in New York

    The Department of Justice (DOJ) is seeking to enjoin the operation of a cheese-processing facility in New York due to the Listeria monocytogene (L. mono) contamination of its Queso Hebra, Queso Fresco and Queso Cotija Molido cheeses. U.S. v. Peregrina Cheese, Inc., No. 09-2888 (E.D.N.Y., filed July 7, 2009). According to DOJ, state and federal inspections…

  • EPA Ordered to Produce Documents About Pesticide Suspected in Bee Colony Collapse

    A federal court in the District of Columbia has ordered the Environmental Protection Agency (EPA) to produce certain records about the pesticide clothianidin and lists of potentially protected documents to the Natural Resources Defense Council, which sought the information under a Freedom of Information Act Request submitted in July 2008. Natural Resources Defense Council v. EPA,…

  • Aurora Dairy Plaintiffs Appeal District Court’s Preemption Dismissal

    Multidistrict litigation plaintiffs who sued Aurora Dairy Corp., an accredited organic certifying agent and a number of food retailers have appealed the district court decision dismissing their claims to the Eighth Circuit Court of Appeals. In re: Aurora Dairy Corp. Organic Milk Mktg. & Sales Practices Litig., MDL No. 08-1907 (E.D. Mo., appeal noticed July 2,…

  • OEHHA Reproductive Toxicant Committee to Discuss Bisphenol A for Prop. 65 Listing

    California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has announced a July 15, 2009, meeting of its Science Advisory Board’s Developmental and Reproductive Toxicant Identification Committee. The committee, which will be discussing whether bisphenol A (BPA) “has been clearly shown, through scientifically valid testing according to generally accepted principles, to cause reproductive toxicity,” is…

  • Codex Issues More Than 30 New Food-Related Rules

    During a recent week-long meeting in Rome, Italy, the Codex Alimentarius Commission (CAC) adopted more than 30 standards and guidelines designed to protect consumers’ health, such as cutting the levels of potential cancer-causing chemicals and bacteria in foods. Among the rules adopted by the joint body of the United Nation’s Food and Agriculture Organization (FAO)…

  • FDA Announces Three Public Meetings Regarding Reportable Food Registry

    The Food and Drug Administration (FDA) has announced three public meetings to explain the purpose of the Reportable Food Registry, how it will work and the responsibilities of those required to submit reports. The registry, which requires reports to be filed through an FDA Internet portal if there is reason to believe that adulterated food…

  • Chambliss Stalls Confirmation of Regulatory Czar Nominee over Stance on Animal Rights

    U.S. Senator Saxby Chambliss (R-Ga.) has reportedly issued a temporary hold on the confirmation of Cass Sunstein, whom President Barack Obama (D) has tapped to lead the Office of Information and Regulatory Affairs (OIRA), over the Harvard law professor’s purported views on animal rights. A 2004 book by Sunstein apparently suggested that “animals should be…