Category: Issue 406
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JPML Refuses Request to Centralize Lawsuits over Nutella® Ads
The Judicial Panel on Multidistrict Litigation (JPML) has denied a request to transfer three actions pending in two federal district courts alleging that Ferrero U.S.A., Inc. misrepresented its Nutella® spread as a healthy and nutritious food. In re: Nutella Mktg. & Sales Practices Litig., MDL No. 2248 (JPML, decided August 16, 2011). While the parties…
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Ninth Circuit Increases Award to Latino Farm Workers in Washington State
In an unpublished opinion, a divided Ninth Circuit Court of Appeals panel has determined that a district court erred in awarding Latino farm workers less than statutory damages for growers’ violations of Washington’s Farm Labor Contractors Act (FLCA). Perez-Farias v. Global Horizons, Inc., No. 10-35397 (9th Cir., decided August 17, 2011). The court remanded the…
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FSA Seeks Input on Edible Insect Consumption
The U.K. Food Standards Agency (FSA) has issued an August 16, 2011, notice soliciting information about “the sale and consumption of whole insects and other animals, such as worms,” which may eventually require novel food assessment under the European Union’s (EU’s) food safety laws. Directed at insect suppliers, the Natural History Museum, and various consumer, manufacturer…
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FTC Staff Concludes Online Behavioral Advertising Enforcement Program Not Anticompetitive
The Federal Trade Commission (FTC) has issued a staff advisory opinion informing the Council of Better Business Bureaus, Inc. (CBBB) that staff does not have any “present intention” to recommend that FTC bring an enforcement action against a CBBB plan to hold companies “engaged in online behavioral advertising” (OBA) accountable for compliance with self-regulatory principles…