Category: Issue 446
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New Claims Filed: Medical Monitoring Sought for Animals from Pet Food Co., Foie Gras Ban Challenged, Trade Secret Dispute over Beer Bottle Design, Challenge to “Guiltless” Alcohol Beverage Trademark
A New York resident has filed a putative class action against Diamond Pet Foods and Amazon.com, seeking medical monitoring for pets that consumed recalled Salmonella-tainted pet food. Cohen v. Schell & Kampeter, Inc., d/b/a Diamond Pet Foods, No. 12-3299 (E.D.N.Y., filed July 2, 2012). Plaintiff Steven Cohen alleges that he fed his dogs Taste of the…
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Court Rulings: Damages Apportioned Along Supply Chain in E. Coli Litigation, Taco Bell Cleared of Unauthorized Text Message Claims, “Heart Attack” and “Bypass” Sandwich Dispute Resolved, False Ad Suit over Muscle Milk® to Proceed, Skinny Girl Margarita® “All Natural” Claims Survive Motion to Dismiss, Conditions Imposed on Pesticide Spraying
The Wisconsin Supreme Court has decided which of the parties sued over an E. coli outbreak that sickened dozens of Sizzler Steak House patrons in 2000 and caused the death of a 3-year-old are liable for consequential damages, indemnity and costs under various supply chain and insurance contracts. Kriefall v. Sizzler USA Franchise, Inc., Nos. 2009AP1212 &…
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Washington Extends BPA Ban to Sports Bottles
The Washington Department of Ecology has implemented the second part of a statewide measure “banning the sale of certain products containing BPA,” which now includes sports bottles with capacity up to 64 ounces. As of July 1, 2012, sport bottles containing bisphenol A (BPA) can no longer “be made, sold or distributed” in the state…
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EFSA Issues Scientific Statement on Safety of Meat and Milk from Healthy Clones
At the European Commission’s request, the European Food Safety Authority (EFSA) has published a scientific statement on the safety of food products derived from animal clones. In its June 2012 statement, EFSA reaffirms its earlier statements and opinions, noting that no new information has changed its conclusion that meat and milk from healthy cattle and pig…
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USDA Revamps Drug Residue Testing Program
The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) has issued a July 6, 2012, notice announcing its decision to restructure its National Residue Program to permit more extensive compound testing of meat, poultry and egg products. According to FSIS, the revamped program aims to reduce the number of samples analyzed while…
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FDA Collaborates on Public Foodborne Bacteria Genome Database
The Food and Drug Administration (FDA) will take part in a collaborative effort to create a public database that will contain 100,000 foodborne pathogen genomes to help facilitate the identification of those responsible for outbreaks involving bacteria such as Salmonella, Listeria and E. coli. Called “The 100K Genome Project,” the undertaking will apparently be a…
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Slaughter Issues Results from Food Industry Survey on Antibiotic Use
U.S. Representative Louise Slaughter (D-N.Y.) has released the responses to a February 16, 2012, letter sent to 60 food producers and retailers “asking them to disclose their policies on antibiotic use in meat and poultry production.” After analyzing the results, Slaughter has purportedly revealed that “while a small number of industry leaders provide antibiotic-free meat…