Food & Beverage Litigation & Regulatory Update

Category: Issue 391

  • Study Examines Multidrug-Resistant Staph in Meat, Poultry

    A recent study by the Arizona-based Translational Genomics Research Institute (TGRI) has reportedly identified Staphylococcus aureus in 47 percent of meat and poultry samples obtained from retail stores, with 52 percent of the contaminated samples testing positive for multidrug-resistant S. aureus. Andrew Waters, et al., “Multidrug-Resistant Staphylococcus aureus in U.S. Meat and Poultry,” Clinical Infectious…

  • Second Olive Oil Study Presses for Stricter Standards

    The University of California, Davis, Olive Center and Australian Oils Research Laboratory have issued an April 2011 report on olive oils sold in California, concluding that 73 percent of sampled oils allegedly fell short of International Olive Council (IOC) standards for extra-virgin oil. Building on a July 2010 report, the latest results were based on…

  • Media Focuses on Neurodevelopmental Disorders Linked to Pesticides, Mercury

    “Forty years before it was removed from paint, pediatricians had enough evidence of lead’s ability to maim children’s brains—catastrophically and irreversibly—to warrant discussion in a medical textbook,” opines Sandra Steingraber in the March/April 2011 edition of Orion Magazine, where she posits that not only is the developing brain more vulnerable than the adult brain to…

  • New York Times Discusses Online Food Marketing, Sugar’s Side Effects

    An April 21, 2011, New York Times article targets the online marketing techniques allegedly used by food companies “to build deep ties with young consumers,” claiming that “multimedia games, online quizzes and cellphone apps” have become “part of children’s daily digital journeys, often flying under the radar of parents and policy makers.” The Times highlights the…

  • “One Smart Cookie™” Goes Head-to-Head with “Original Smart Cookie”

    The company that makes gourmet cookies sold as “One Smart Cookie™” has filed a trademark infringement and unfair competition lawsuit against a company that makes organic cookies sold as the “Original Smart Cookie.” Jimmy’s Chocolate Chip Cookies, LLC v. Nature’s Select Food Group, LLC, No. 11-01 (D.N.J., filed April 15, 2011). According to the plaintiff, the…

  • Dispute over “Mommy” on Wine Labels Goes to Court

    Clos LaChance Wines has filed a complaint in a California federal court seeking a declaration that “Mommy” is not a protected trademark when used on a wine label and that the company’s domestic wine products, “MommyJuice White Wine” and “MommyJuice Red Wine,” do not infringe defendant’s “Mommy’s Time Out®” imported wines. Clos LaChance Wines, LLC…

  • Reduced Fat Claims for Deli Meats Challenged in Class Complaint

    A Florida resident has alleged in a putative class action that Kraft Foods and Hormel Foods deceive the public by selling their prepackaged retail sandwich meat products in a way that suggests they contain far less fat than they actually do. Kuenzig v. Kraft Foods, Inc., No. 11-00838 (M.D. Fla., filed April 18, 2011). The companies…

  • Court Resolves Insurance Coverage Issues for Diacetyl Defendants

    A New York state court has determined that a company which made the butter flavoring chemical at issue in workplace exposure lawsuits succeeded to a predecessor’s insurance coverage rights. Int’l Flavors & Fragrances, Inc. v. St. Paul Prot. Ins. Co., No. 601723/08 (N.Y. Sup. Ct., decided April 11, 2011). Finding that a de facto merger…