Category: Issue 456
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Court Refuses to Certify Wage and Overtime Class Action Against Steak ‘N Shake
A federal court in Georgia has denied a request to certify a nationwide class of Steak ‘n Shake hourly employees in a dispute over alleged violations of the Fair Labor Standards Act, finding that class members are not similarly situated to the named plaintiffs or to each other. Beecher v. Steak ‘n Shake Operations, Inc.,…
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Court Dismisses POM Wonderful’s Challenge to FTC Substantiation “Rule”
A federal court in the District of Columbia has dismissed the declaratory judgment action that POM Wonderful filed against the Federal Trade Commission (FTC) shortly before the Commission brought an enforcement action against the pomegranate product producer. POM Wonderful LLC v. FTC, No. 10-1539 (D.D.C., decided September 30, 2012). More information about the complaint and…
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EC Confirms That REACH Provides Best Framework for Nanomaterial Risk Management
The European Commission (EC) has concluded, in its second regulatory review on nanomaterials, that, while certain challenges continue to face those trying to assess their potential risks, the Registration, Evaluation, Authorisation and Restriction of Chemical Substances (REACH) “sets the best possible framework for the risk management of nanomaterials when they occur as substances or mixtures.”…
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EU Publishes List of Authorized Flavorings for Food Use
The European Commission has published its list of flavoring substances authorized for use in foods. Effective October 22, 2012, Regulation EU 872/2012 provides a roster of more than 2,500 substances evaluated by the European Food Safety Authority (EFSA) and deemed safe for human food uses, while Regulation EU 873/2012 establishes transitional measures for other flavorings,…
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FDA Food Facilities Registration System Is Unavailable
While foreign and domestic food facilities, including farms, must renew their registrations with the Food and Drug Administration (FDA) beginning October 1, 2012, under the Food Safety Modernization Act, the agency is not accepting registration renewals at this time. Facilities required to be registered under the law are asked to check FDA’s website to learn…
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FTC Revises “Green Guides” for Environmental Marketing Claims
The Federal Trade Commission (FTC) has revised its Green Guides to “help marketers avoid making misleading environmental claims.” According to FTC, the revisions reflect “hundreds of consumer and industry comments” and include changes to existing Guides “as well as new sections on the use of carbon offsets, ‘green’ certifications and seals, and renewable energy and…
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FTC Conducts Workshop on Competition and Safety in Pet Meds Industry
The U.S. Federal Trade Commission (FTC) conducted a day-long workshop, October 2, 2012, “to examine competition and consumer protection issues in the pet medications industry.” Currently pending before the House Subcommittee on Health, a bill (H.R. 1406) introduced in April 2011 by Representative Jim Matheson (D-Utah) would require FTC to issue rules mandating pet medication…