Category: Issue 439
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Class Claims Kefir Products Are Falsely Advertised
New York and New Jersey residents have filed a putative class action in an Illinois federal court against the company that makes a line of kefir dairy products, alleging that they are falsely promoted as providing “clinically proven therapeutic benefits for various health conditions.” Keatley v. Lifeway Foods, Inc., No. 12-3521 (N.D. Ill., filed May 8,…
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Animal Rights Groups Claim Foie Gras Sales Violate Federal Poultry Law
A coalition of animal rights organizations has reportedly filed a lawsuit against the U.S. Department of Agriculture (USDA) in federal court, alleging that the agency has violated the Poultry Products Inspection Act by allowing foie gras to be sold to consumers. Animal Legal Defense Fund v. USDA, No. __ (C.D. Cal., filed May 9, 2012).…
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Court Dismisses “Non-GMO” Lawsuit Against Beverage Cos. Filed by “Frequent Flyer”
A federal court in Maryland has dismissed, under the first-to-file rule, a lawsuit brought by a plaintiff characterized as a “frequent flyer in the United State judicial system,” finding that five similar putative class action lawsuits against the defendants, three of which were filed before the plaintiff filed his complaint, are currently pending in a…
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New York Law on Labeling Kosher Products Deemed Constitutional
The Second Circuit Court of Appeals has determined that a New York law enacted in 2004, following the invalidation of a prior version, does not violate the Establishment or Free Exercise Clauses of the U.S. Constitution and is not unconstitutionally vague. Commack Self-Service Kosher Meats, Inc. v. Hooker, No. 11-3517 (2d Cir., decided May 10,…
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Starbucks Can Limit Number of Pro-Union Buttons Worn by Employees
The Second Circuit Court of Appeals has determined that Starbucks Corp. did not violate federal labor law by adopting a dress code which limits the number of pro-union buttons its employees can wear on their uniforms. NLRB v. Starbucks Corp., Nos. 10-3511, 10-3783 (2d Cir., decided May 10, 2012). The National Labor Relations Board (NLRB)…
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Former EFSA Chair Resigns over Conflict of Interest Concerns
The European Food Safety Authority (EFSA) has announced the resignation of Management Board Chair Diána Bánáti, describing her decision to accept a position at the International Life Sciences Institute (ILSI) as “incompatible” with her agency duties. Bánáti apparently agreed to step down after critics raised concerns about EFSA’s supposed lack of transparency “in its links with…
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FSIS Targets Traceback Measures, Food Preservatives, Misbranded Products, HACCP Plans
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has proposed new traceback measures to better control and prevent pathogens from triggering foodborne illnesses and outbreaks. Particularly concerned with meat contaminated with Escherichia coli (E. coli), FSIS plans to “move quickly to identify the supplier of the product and any processors who received contaminated…
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FDA Rejects Objections and Request for Hearing on Food Irradiation Rule
The Food and Drug Administration (FDA) has determined that it will neither conduct a hearing nor make any changes to its final rule on the use of irradiation in processing and handling food. According to the agency, “the objections do not justify a hearing or otherwise provide a basis for revoking the regulation,” issued in…