Category: Issue 329
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ConAgra Seeks to Sever and Transfer Additional Claims in Peanut Butter MDL
ConAgra Foods, Inc. has asked a multidistrict litigation (MDL) court to sever and transfer the claims of 68 plaintiffs from 14 different states in an action (Bowman v. ConAgra Foods, Inc.) recently filed against the company arising out of the purported Salmonella contamination of its peanut butter. In re: ConAgra Peanut Butter Prods. Liab. Litig., MDL No. 1845…
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Unilever Files Motion to Dismiss in “I Can’t Believe It’s Not Butter”® Class Action
Unilever United States, Inc. has asked a federal district court to dismiss a putative class action charging the company with falsely advertising its “I Can’t Believe It’s Not Butter”® product. Rosen v. Unilever U.S., Inc., No. 09-02563 (N.D. Cal, motion filed November 30, 2009). According to Unilever’s motion, this is a “Private Surgeon General” case that…
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Ninth Circuit Rejects Challenge to USDA Position on Humane Handling of Poultry
The Ninth Circuit Court of Appeals has determined that animal rights activists and organizations lack standing to challenge the U.S. Department of Agriculture’s (USDA’s) interpretation of a 1958 humane animal slaughtering statute in a manner that excludes poultry from its application. Levine v. Vilsack, No. 08-16441 (9th Cir., decided November 20, 2009). The issue arose…
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FDA Seeks Comments on Nutrition Facts Labeling Study
The Food and Drug Administration (FDA) has published a notice seeking public comment on a proposed experimental study that would examine consumer reaction to possible modifications in the nutrition facts labeling format. The study results will reportedly help the agency understand whether label modifications “could help consumers to make informed food choices.” FDA intends to…
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FDA Issues Proposed Rule Regarding Color Additives in Animal Food Labeling
The Food and Drug Administration (FDA) has issued a proposed rule that would amend the agency’s animal-food regulations by requiring manufacturers to list the common or usual names of FDA-certified color additives on animal food labels, including animal feeds and pet foods. The amendment would make the regulations consistent with those that apply to human…
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Feinstein Introduces Legislation Requiring “Pathogen Free” Certification for Food
U.S. Senator Dianne Feinstein (D-Calif.) has introduced legislation (S.B. 2819) “to require that food producers take responsibility for keeping food free from harmful pathogens,” according to a November 30, 2009, press release. The Processed Food Safety Act would amend the Poultry Products Inspection Act, Federal Meat Inspection Act and Federal Food, Drug and Cosmetic Act…