Category: Issue 344
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Federal Court Dismisses Melamine-Tainted Milk Litigation Filed by Chinese Citizens
A federal court in Maryland has determined that it is not a convenient forum for the pursuit of claims by Chinese citizens seeking millions in compensation for the injuries allegedly caused by their children’s consumption of powdered milk formula and similar products tainted with melamine. Tang v. Synutra Int’l, Inc., No. 09-0088 (D. Md., decided…
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Consumer Fraud Action Filed Against Snack Maker over Salmonella Outbreak
A California resident has filed a putative class action in federal court against Kellogg Co., alleging that the company misled consumers by claiming its snack products were healthy and nutritious and met “stringent food safety requirements,” when in fact they contained Salmonella-contaminated peanut paste supplied by the Peanut Corporation of America. Benavides v. Kellogg Co., No.…
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Meat Processor Sues Spice Suppliers in Salmonella Contamination Outbreak
A meat manufacturer that recalled more than 1 million pounds of meat products linked to a Salmonella outbreak that purportedly sickened more than 250 consumers in 44 states has reportedly sued the companies that supplied the red and black pepper allegedly identified as the source of the contamination. Daniele Int’l, Inc. v. Wholesome Spice & Seasonings,…
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Pollution Lawsuit Against Poultry Interests Sparks Legislative Initiative in Maryland
Acting on behalf of environmental interest groups, a University of Maryland School of Law student clinic has filed a lawsuit against a chicken farmer and the company that owns and processes the farm’s chickens, alleging that the farm’s poultry waste is being discharged into and polluting navigable waters of the United States in violation of…
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Federal Court Finds CSPI Lacks Standing to Pursue Consumer Fraud Claims
A federal court in California has dismissed a lawsuit that the Center for Science in the Public Interest (CSPI) filed against a company which claimed its multivitamin supplements supported prostate health or reduced the risk of prostate cancer. CSPI v. Bayer Corp., No. 09-05379 (N.D. Cal., decided March 25, 2010). The court determined that CSPI could…
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Federal Appeals Court Finds California Downer Livestock Law Not Preempted
The Ninth Circuit Court of Appeals has lifted a preliminary injunction that prevented California from enforcing a law adopted after The Humane Society’s video of the mistreatment of downer cattle at a slaughterhouse became public and led to a massive beef recall in 2008. Nat’l Meat Ass’n v. Brown, 09-15483 (9th Cir., decided March 31, 2010).…
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FDA Seeks Comments on Proposed Rule Regarding Bottled Water Standards
The Food and Drug Administration (FDA) has reopened the comment period for a proposed rule published August 4, 1993, that would amend the quality standard for bottled water. FDA is seeking further comment on finalizing the allowable level for the chemical di(2 ethylhexyl)phthalate (DEHP) in the bottled water quality standard. In a final rule published…
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Industry Comments Challenge EPA’s Use of Aspartame in Methanol Risk Assessment
The Environmental Protection Agency (EPA) published its toxicological review of methanol in early 2010, and comments recently filed by food industry interests have criticized the agency for using “surrogate” chemicals, such as formaldehyde and aspartame, an artificial sweetener, to support listing methanol as a likely human carcinogen. They also challenge the agency’s reliance on controversial…