Category: Issue 394
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POM Wonderful Seeks Review of Adverse Jury Determination on Damages
A federal jury agreed with POM Wonderful LLC that Welch Foods, Inc. developed intentionally confusing and misleading marketing and labeling for its White Grape Pomegranate juice product to take advantage of the market POM created for pomegranate juice, but determined that POM did not lose sales because of Welch’s conduct. POM Wonderful LLC v. Welch…
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Taco Bell Appeals Insurance Coverage Case to Ninth Circuit
Taco Bell has requested that the Ninth Circuit Court of Appeals review a district court determination that three insurance companies are not required to provide coverage under commercial liability policies for economic loss allegedly arising from decreased patronage in the wake of a 2006 E. coli outbreak. Nat’l Union Fire Ins. Co. of Pittsburgh, PA v.…
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Maryland Legislation Limits Amount of BPA in Infant Formula Containers
Maryland Governor Martin O’Malley (D) has signed a bill (H.B. 4/S.B. 151) prohibiting the manufacture, sale or distribution of infant formula containers with a “certain amount” of bisphenol A (BPA). Effective July 1, 2014, the legislation restricts BPA levels in the containers to not more than 0.5 parts per billion and prohibits the state from…
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OEHHA Finalizes Prop. 65 Listings for Ethanol in Alcoholic Beverages, Salted Fish
California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) recently finalized its decision to add ethanol in alcoholic beverages and Chinese-style salted fish to the state’s list of carcinogenic chemicals. The listing was effective April 29, 2011. Companies that sell products containing listed chemicals in California are required to notify consumers that their products contain…
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British ICO Issues Advice on New Data Privacy Rules
The U.K. Information Commissioner’s Office (ICO) has issued advice for businesses and organizations to ensure compliance with a new EU privacy directive governing the collection of online user data via “cookies” or other technologies that store visitor information on a user’s computer or mobile device. ICO has billed the guidance document as a “starting point…
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EFSA Issues Guidance on Engineered Nanomaterial Risks in Food, Feed
The European Food Safety Authority (EFSA) has published its first guidance document assessing the risk of engineered nanomaterial (ENM) applications in food and feed. Prepared in response to a European Commission request, the May 10, 2011, guidance comes after a six-week public consultation period during which EFSA received 256 comments from 36 organizations, including academia,…
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EPA Issues SNUR for Multi-Walled Carbon Nanotubes
The Environmental Protection Agency (EPA) has issued a significant new use rule (SNUR) for a multi-walled carbon nanotube under section 5 of the Toxic Substances Control Act (TSCA); it would require manufacturers, importers or processors of the chemical to follow manufacturing and use conditions already reviewed by EPA. The SNUR would require that any chemical…
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IOM Meeting to Explore Relationship Between Farm/Food Policy and Obesity
The Institute of Medicine (IOM) has announced a May 19, 2011, public session of its Committee on Accelerating Progress in Obesity Prevention. Titled “Farm and Food Policy: The Relationship to Obesity Prevention,” the public session is a one-hour information-gathering forum where committee members will hear about “the determinants of food producer, manufacturer, and retailer decision…