Category: Issue 453
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Ninth Circuit Withdraws Opinion Upending Settlement of False-Advertising Claims Against Kellogg
The Ninth Circuit Court of Appeals has withdrawn its previous opinion reversing an order that approved the settlement of class claims against Kellogg Co., although it has reached the same conclusion in its new opinion. Dennis v. Kellogg Co., Nos. 11-55674, -55706 (9th Cir., decided September 4, 2012). Information about the withdrawn opinion is included…
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Air District Cites Kentucky Warehouse over Whiskey Fungus Vapors
The Louisville Metro Air Pollution Control District has reportedly issued violation notices concerning emissions from a whiskey warehouse owned by Diageo Americas Supply Inc., citing odor complaints and complaints about a black, sooty substance on neighboring properties between May 2011 and May 2012. The violations apparently carry a potential penalty of $10,000 per violation per day.…
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New York City Approves Serving-Size Limits on Sugary Beverages
The New York City Board of Health has adopted Mayor Michael Bloomberg’s recommendation to establish a maximum serving size of 16 ounces for sugar-sweetened, non-alcoholic drinks sold at local food establishments. Board members reportedly voted 8-0 with one abstention, one absence and one vacancy to amend Article 81 of the Health Code to place a…
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FDA Issues Draft Compliance Guide for Marketing Pet Food Intended to Treat or Prevent Disease
The Food and Drug Administration (FDA) has announced a draft compliance policy guide (CPG) concerning the “Labeling and Marketing of Nutritional Products Intended for Use to Diagnose, Cure, Mitigate, Treat, or Prevent Disease in Dogs and Cats.” According to the September 10, 2012, Federal Register notice, the draft CPG explains how FDA plans “to use…
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Senators Press FDA for More Answers on Energy Drinks
Senators Richard Durbin (D-Ill.) and Richard Blumethal (D-Conn.) have responded to the Food and Drug Administration’s (FDA’s) letter concerning actions the agency plans to take on energy drinks. While the senators “were pleased to learn that the FDA intends to release final guidance distinguishing liquid dietary supplements from beverages,” they contend that FDA’s response to…
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Senators Join Call for Surgeon General Report on Sugary Drinks
U.S. Senators Frank Lautenberg (D-N.J.), Ron Wyden (D-Ore.) and Richard Blumenthal (D-Conn.) have reportedly joined the American Cancer Society’s Cancer Action Network and a coalition of federal, state and local public health organizations in urging U.S. Surgeon General Regina Benjamin to investigate the alleged association between sugar-sweetened drinks and rising obesity rates. According to a…