Category: Issue 390
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Ninth Circuit Issues Ruling on Seasonal Farm-Worker Wages
The Ninth Circuit Court of Appeals has determined that the owner of peach and pear orchards in Oregon violated the law by crediting its seasonal workers’ housing costs toward their minimum wage and by paying them the day after their last workday. Bobadilla-German v. Bear Creek Orchards, Inc., Nos. 10-35205, 10-35268 (9th Cir., decided April…
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Federal Court Trims False Advertising and Labeling Claims Against Guacamole Maker
A federal court in California has determined that some putative class claims can proceed against a company that allegedly makes false and misleading statements about its guacamole and spicy bean dip products. Henderson v. Gruma Corp., No. 10-04173 (C.D. Cal., decided April 11, 2011). The plaintiffs’ first amended complaint alleged five causes of action for…
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Boston Mayor Gets Tough on Sweetened Beverages
Boston Mayor Thomas Menino (D) has issued an order that will require all city departments to take steps to stop “the sale, advertising, and promotion of sugary beverages on City-owned property.” The mayor is apparently concerned about setting an example in a community with high obesity rates that he attributes in part to the consumption…
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Illinois House Approves Bill Prohibiting Trans Fats
The Illinois House of Representatives has approved a bill (H.B. 1600) that would prohibit “food facilities” from selling food containing artificial trans fats. Effective January 1, 2013, the law would apply to any “entity that prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level,” including public and private school…
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FDA Denies Hearing for Shell Egg Irradiation Rule
The Food and Drug Administration (FDA) has answered criticism of a July 21, 2000, final rule allowing “the safe use of ionizing radiation for the reduction of Salmonella in fresh shell eggs,” and denied requests for a hearing on the ground that the objections “do not raise issues of material fact or otherwise provide a…
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FDA Meeting to Discuss FSMA Preventive Controls for Facilities
The Food and Drug Administration (FDA) has announced an April 20, 2011, public meeting to discuss a Food Safety Modernization Act (FSMA) mandate to implement “comprehensive, science-based preventive controls across the food supply.” FSMA requires human, pet and animal food and feed facilities registered under section 415 of the Food, Drug, and Cosmetic Act (21…
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USDA to Sponsor Codex Alimentarius Commission Preparation Meeting
In preparation for the 34th Session of the Codex Alimentarius Commission, the U.S. Department of Agriculture’s (USDA’s) Office of the Under Secretary of Food Safety has scheduled a June 16, 2011, meeting to provide information and receive public comments on draft U.S. positions that will be discussed at the Codex meeting. Written comments may be…
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McCain, Kerry Introduce Digital Privacy Bill
Senators John McCain (R-Ariz.) and John Kerry (D-Mass.) have introduced a bill that would “establish a regulatory framework . . . under the aegis of the Federal Trade Commission [FTC]” to protect personal data online. According to an April 12, 2011, press release, the Commercial Privacy Bill of Rights aims to protect consumers from “unscrupulous…