Category: Issue 398
-
Chicago Hot Dog Makers at Odds
Alleging trademark infringement and unfair competition, Vienna Beef Ltd. has sued a descendant of one of its founders and the competing hot dog company he established in 1986. Vienna Beef Ltd. v. Red Hot Chicago, Inc., No. 11-03825 (N.D. Ill., filed June 6, 2011). When Scott Ladany, whose grandfather started Vienna Beef, left that company…
-
Pesticide Exposure Claims of Banana Plantation Workers Near Settlement
According to a news source, Dole Food Co. has tentatively agreed to settle the pesticide exposure claims of more than 5,000 former banana plantation workers in Nicaragua, Costa Rica and Honduras. They are represented by Provost Umphrey, whose lawyers apparently ensured that the workers had actually been employed on the plantations and experienced personal injuries…
-
Final Approval Sought in Non-Monetary Settlement of Trans Fat Claims
The parties to putative nationwide class actions alleging that Unilever U.S., Inc. falsely advertised that its margarine spreads, including Country Crock® and I Can’t Believe It’s Not Butter®, were good for cardiovascular health are seeking final court approval of a non-monetary settlement that will require the company to remove the trans fat from its products.…
-
Court Finds Insurer Has Duty to Defend in GM Rice Lawsuits
A federal court in Arkansas has determined that Liberty Mutual Insurance Co. has a duty to defend an agricultural cooperative in more than 170 civil lawsuits filed by rice farmers over the contamination of their conventional crops with a genetically engineered (GE) variety. Riceland Foods, Inc. v. Liberty Mut. Ins. Co., No. 10-00091 (E.D. Ark., decided June…
-
Court Refuses to Dismiss Claims That Safeway Must Warn Loyalty Customers About Recalls
A federal court in California has denied Safeway, Inc.’s motion to dismiss or stay proceedings alleging that it has an obligation to use information in its loyalty card customer database to provide email notice about produce recalls ordered by the Food and Drug Administration (FDA) or U.S. Department of Agriculture. Hensley-Maclean v. Safeway, Inc., No.…
-
Fourth Circuit Allows Compensation for Poultry Workers’ Donning and Doffing Time
The Fourth Circuit Court of Appeals has determined that the time poultry workers spend donning and doffing protective gear at the beginning and end of their shifts must be compensated as an “integral and indispensable” part of the principal activity of employment. Perez v. Mountaire Farms, Inc., No. 09-1917 (4th Cir., decided June 7, 2011).…
-
Los Angeles School District Bans Flavored Milk from School Menus
The Los Angeles Unified School District has reportedly removed flavored milk from school menus in an effort to combat rising rates of childhood obesity. The school board approved a five-year, $100 million dairy contract excluding chocolate and strawberry milk in favor of low-fat and nonfat plain milk, and soy and Lactaid products. Beginning in the…
-
EFSA Requests Information on Aspartame
The European Food Safety Authority (EFSA) has issued a public call for data “on the artificial sweetener aspartame (E 951) for consideration in a full re-evaluation to be completed in 2012 as requested by the European Commission [EC].” EFSA has asked interested parties and stakeholders to submit “scientific or technical data—published, unpublished and newly generated—related to…