Food & Beverage Litigation & Regulatory Update

Category: Issue 420

  • Contaminated Cantaloupe Plaintiff Sues Food Safety Auditor and Others

    A Nebraska resident alleging that his consumption of Listeria-contaminated cantaloupe grown by Jensen Farms in Colorado caused his infection and subsequent hospitalization, has filed a personal injury action against the grower, distributor, retailer, and the company hired by the grower to conduct a food safety audit before the outbreak. Braddock v. Jensen Farms, No. 11-402…

  • Class Definition in Yo-Plus® Litigation Redefined on Remand

    A federal court in Florida has redefined a plaintiffs’ class in deceptive advertising litigation against the company that claims its Yo-Plus® yogurt provides digestive health benefits. Fitzpatrick v. General Mills, Inc., No. 09-60412 (S.D. Fla., order entered December 2, 2011). While the Eleventh Circuit Court of Appeals upheld the class certification decision, it remanded the…

  • Ferrero Settles with California Plaintiffs in Nutella® False Advertising Class Action

    According to a news source, the company that makes the hazelnut spread Nutella®, which is advertised as part of a healthy breakfast for children, has reached a settlement in the class action certified by a federal court in California last month. In re Ferrero Litig., No. 11-205 (S.D. Cal., minute entry November 28, 2011). A…

  • Pom Wonderful Loses Deceptive Claim Lawsuit Against Ocean Spray

    According to a news source, Pom Wonderful LLC, which was seeking $18.1 million in lost sales from Ocean Spray Cranberries Inc. for falsely selling a pomegranate juice product with just trace amounts of pomegranate juice, lost its case following less than two hours’ deliberation by a federal jury. Pom Wonderful LLC V. Ocean Spray Cranberries…

  • First Circuit Orders Further Proceedings in Sugar Documentary Defamation Case

    The First Circuit Court of Appeals has determined that, while Dominican Republic plantation owner executives are limited-purpose public figures for purposes of a defamation lawsuit involving a documentary film critical of their operations, the district court erred in denying a motion to compel the disclosure of documents that could pertain to actual malice. Lluberes v.…

  • European Policymakers Urged to Adopt Anti-Tobacco Tactics in War on Obesity

    During a recent discussion about family and childhood nutrition sponsored by the Brussels-based think-tank Friends of Europe, the World Health Organization’s representative to the European Union reportedly called for imposing steep taxes on salty and sugary foods to address excessive eating. Roberto Bertollini apparently claimed that the campaign against tobacco, including high taxes and government…

  • CSPI Petitions FDA for Front-Label Disclosure of Artificial Coloring

    The Center for Science in the Public Interest (CSPI) has petitioned the Food and Drug Administration (FDA) to require the disclosure of food color additives on front-of-package labeling. Citing “the ubiquity of food colorings” in the American diet, the petition claims that consumers are misled when colorings are used to either mask less-nutritious ingredients or…

  • FDA Agrees to Issue Ruling on BPA Petition

    A federal court has approved an agreement between the Food and Drug Administration (FDA) and the Natural Resources Defense Council (NRDC) resolving NRDC’s complaint that the agency unreasonably delayed issuing a final decision on its petition seeking a regulation that would prohibit the use of bisphenol A (BPA) in food packaging. NRDC v. HHS, No.…