Category: Issue 434
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New Trans Fat Class Action Filed Against Frito-Lay
Contending that snack maker Frito-Lay North America makes “improper nutrient content claims on products containing disqualifying levels of fat, saturated fat, cholesterol or sodium,” a new plaintiff has filed a putative class action against the company and its parent in a California federal court. Wilson v. Frito-Lay N. Am., Inc., No. 12-1586 (N.D. Cal., filed…
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Plaintiffs Lack Standing to Challenge FDA Raw Milk Rules
A federal court in Iowa has dismissed claims filed by a legal defense fund and a number of raw-milk producers challenging Food and Drug Administration (FDA) regulations prohibiting the shipment of raw milk for human consumption across state lines. Farm-to-Consumer Legal Defense Fund v. Sebelius, No. 10-4018 (N.D. Iowa, decided March 30, 2012). According to…
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Texas Federal Court Refuses to Dismiss TOSTITOS SCOOPS!® Infringement Suit
A federal court in Texas has determined that a trademark and patent infringement lawsuit involving Frito-Lay North America’s corn chip products can be maintained in the Eastern District of Texas because it has jurisdiction over the defendants and the defendants failed to show that it was “clearly more convenient” to litigate the matter in Arkansas.…
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SCOTUS Requests Government View in Patent Dispute over GM Soybeans
The U.S. Supreme Court has invited the U.S. solicitor general to submit a brief addressing the issues raised in a dispute over patent exhaustion and second-generation genetically modified (GM) seeds. Bowman v. Monsanto Co., No. 11-796 (U.S., order entered April 2, 2012). An Indiana farmer, who was found to have infringed Monsanto’s patents by planting…
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Indian State Seizes Red Bull®, Caffeine Content Above Legal Limits
The Maharashtra Food and Drug Administration (MFDA) has reportedly seized more than 1 million cans of Red Bull®, an energy drink containing 250-300 parts per million (ppm) of caffeine, on the ground that the product exceeds the 145 ppm limit for carbonated beverages. according to a press report, no separate standards for caffeine in energy…
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Irish Broadcasting Authority to Regulate Food Advertising
The Broadcasting Authority of Ireland (BAI) has announced a public consultation regarding draft commercial codes that would prohibit the advertising of foods high in fat, sugar and salt (HFSS) during TV programs where more than 50 percent of viewers are younger than age 18. According to a March 30, 2012, BAI press release, the consultation…
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UK’s FSA Announces Moratorium on “Desinewed Meat”
The U.K. Food Standards Agency (FSA) has announced a moratorium on the production of “desinewed meat” (DSM) from cattle, sheep and goats after the European Commission decided “that DSM does not comply with European Union [EU] single market legislation.” Produced using “a low pressure technique” to remove meat from bone but retain the structural integrity…
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USDA Extends Quality Monitoring Program to Olive Oil
The U.S. Department of Agriculture (USDA) recently announced the expansion of its Quality Monitoring Program to include extra virgin and organic extra virgin olive oil. According to an April 3, 2012, post on the USDA blog, the program hopes to address questions raised in the last few years about olive oil quality and provide consumers…