Category: Issue 395
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Family Farmer Says FDA’s Tomato Recall Was Reckless, Seeks Damages
A South Carolina-based family farming operation has filed a complaint seeking damages that it alleges were sustained in 2008 when the Food and Drug Administration (FDA) issued a nationwide recall of round tomatoes due to a purported Salmonella outbreak. Seaside Farm, Inc. v. United States, No. 11-1199 (D.S.C., filed May 18, 2011). The plaintiff claims…
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Infringement Alleged for “Give ‘Em the Bird” Bourbon Mark
Rare Breed Distilling has filed a trademark infringement action in a Kentucky federal court alleging that Jim Beam Brands’ use of “Give ‘Em the Bird” in connection with its Old Crow bourbon whiskey “is likely to confuse and deceive consumers and purchasers of bourbon whiskey products.” Rare Breed Distilling LLC v. Jim Beam Brands Co., No.…
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Court Gives Preliminary Approval to Settlement of Discrimination Case Against USDA
A federal court in the District of Columbia has issued an order granting preliminary approval of a settlement agreement involving a class of African-American farmers who “submitted late-filing requests under Section 5(g) of the Pigford v. Glickman Consent Decree on or after October 13, 1999, and on or before June 18, 2008,” but had not…
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False Advertising Case Against Cereal Maker Dismissed with Leave to Amend
A federal court in California has reportedly dismissed without prejudice putative class claims filed against General Mills Inc. alleging that the company falsely conveyed to consumers that its Total Blueberry Pomegranate® cereal product contained real fruit. Dvora v. Gen. Mills Inc., No. 11-1074 (C.D. Cal., dismissed May 16, 2011). According to a news source, the…
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California Bill Would Ask Docs to Study Effects of Food on Health
The California Senate’s Business, Professions and Economic Development Committee has reportedly passed a bill (S. 380) that would permit the Medical Board of California to “set content standards for any educational activity concerning a chronic disease that includes appropriate information on the impact, prevention, and cure of the chronic disease by the application of changes…
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Imported Food Safety Target of IOM Meeting
The Institute of Medicine’s (IOM’s) Food and Nutrition Board has announced a June 7, 2011, meeting that will focus on the safety of imported foods “with the purposed of engaging science, technology, and policy personnel representing the global food supply chain, government agencies, and academia.” Titled “Food Forum Meeting on Supply Chain and Policy/Regulatory Approaches…
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FDA Oversight of Imported Seafood Lacking, Says GAO
The Government Accountability Office (GAO) has issued a report criticizing the Food and Drug Administration’s (FDA’s) oversight of imported seafood safety. Noting that about one-half of imported seafood comes from fish farms that may use antibiotics to prevent bacterial infections, the report claims that “residues of some drugs can cause cancer and antibiotic resistance.” Titled…
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Officials Question Safety of Melatonin-Laced Baked Goods
U.S. Senator Dick Durbin (D-Ill.) has asked the Food and Drug Administration (FDA) “to clarify its authority to regulate foods that contain additives, such as baked goods that contain high doses of melatonin,” after media reports drew attention to so-called “relaxation brownies” touted for allegedly alleviating stress and easing sleep deprivation. In a May 18,…