Category: Issue 443
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Regulators, Retailers and Manufacturers Concerned About Pace of Product Recalls
According to a news source, more than 2,300 consumer products, pharmaceuticals, medical devices, and food, at a pace of some 6.5 each day, were recalled in 2011. This represents a reported increase of 14 percent over recalls in 2010 and compares to about 1,500 recalls in 2007. Regulators, retailers and manufacturers are apparently concerned that…
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PHAI Questions “Hidden Costs” of School Vending Machines
The Public Health Advocacy Institute (PHAI) has issued a June 7, 2012, fact sheet calling on school districts to consider the energy costs of cold beverage vending machines when deciding whether to renew vending contracts. Claiming that a traditional vending machine consumes approximately 3,000 kilowatt hours of electricity per year (kWh/yr), the fact sheet estimates…
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Public Health Lawyer Investigates Corporate Ties to SNAP Program
Public health lawyer Michele Simon has published a June 2012 report that raises questions about the purported influence of food and banking corporations on the U.S. Department of Agriculture’s (USDA’s) Supplemental Nutrition Assistance Program (SNAP). Titled “Food Stamps: Follow the Money,” the report focuses on food manufacturers, food retailers and large banks with “a critical…
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Shopper Claims Ralph’s Grocery Co. Improperly Shared Personal Information
A California resident has filed a putative class action against Ralphs Grocery Co. alleging that it breached its promise not to share the personal information that shoppers must provide to obtain a “Ralphs rewards Card”; only cardholders may purportedly take advantage of advertised store discounts. Heller v. Ralphs Grocery Co., No. BC486035 (Cal. Super. Ct., Los…
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Suit Claims Costco Mislabels Potato Snacks as “0 Grams Trans Fat”
Seeking to represent a statewide class of product purchasers, a California resident has filed a putative class action against Costco, alleging that the company falsely sells its Kirkland Signature Kettle Brand Potato Chips®, which purportedly contain “more than 13 grams of fat per 50 grams,” with a “0 Trans Fat” label. Thomas v. Costco Wholesale…
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State Court Allows Cleveland to Prohibit Trans Fats in Prepared Meals
A Cuyahoga County, Ohio, court has reportedly determined that a state law prohibiting municipalities from regulating the ingredients used in prepared foods, such as restaurant meals and grocery or bakery takeout items, does not preempt Cleveland’s ordinance prohibiting retail food establishments from selling foods containing trans fats. Cleveland announced the ban in April 2011, and…
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Court Refuses FTC Request to Modify Definition of “Reliable Scientific Evidence”
A federal court in Florida has denied the Federal Trade Commission’s (FTC’s) request that it modify a stipulated final order resolving a 2006 dispute with Garden of Life, Inc. over purportedly unsubstantiated representations that its products could treat a range of serious diseases and their symptoms. FTC v. Garden of Life, Inc., No. 06-80226 (S.D.…
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Second Circuit Confirms Frivolous Finding in Hoisin Sauce Trademark Infringement Litigation
The Second Circuit Court of Appeals has upheld an award of $10,000 in sanctions under Federal Rule of Civil Procedure 11 for the filing of a frivolous action related to trademark infringement litigation between companies that make and sell hoisin sauce. Star Mark Mgmt., Inc. v. Koon Chun Hing Kee Soy & Sauce Factory, Ltd.,…