Food & Beverage Litigation & Regulatory Update

Category: Issue 463

  • HFCS Allegedly Linked to Prevalence of Diabetes

    A recent study has reportedly linked the availability of high-fructose corn syrup (HFCS) to an increase in the prevalence of type 2 diabetes across the world, raising questions about the sweetener’s impact on global human health. Michael Goran, et al., “High fructose corn syrup and diabetes prevalence: A global perspective,” Global Public Health, November 2012.…

  • NYT Chronicles Push to Unionize Fast-Food Workers

    A recent article in The New York Times has highlighted the efforts of Fast Food Forward, a campaign seeking to unionize fast-food workers in New York City. According to Times labor and workplace reporter Steven Greenhouse, the campaign has worked with 40 full-time organizers with the support of community and civil rights groups to recruit…

  • Petitioners Question Brominated Vegetable Oil in Gatorade

    A Change.org petition started by a high school student urges PepsiCo Americas Beverages and Gatorade Canada to remove brominated vegetable oil (BVO) from their products, citing a December 12, 2012, Scientific American article allegedly linking the stabilizer to “impaired neurological development, reduced fertility, early onset of puberty and altered thyroid hormones.” Garnering more than 180,000…

  • Consumer Reports Identifies Bacteria, Drug Residue in Pork

    Consumer Reports magazine has allegedly identified bacterial contamination as well as antibiotic-resistant bacteria and veterinary drug residues in pork chop and ground-pork samples purchased from U.S. grocery stores. According to an analysis in the January 2013 edition of the magazine, 69 percent of the 198 pork samples in question purportedly contained Yersinia enterocolitica; 11 percent…

  • Dole Targeted with “Greenwashing” Class Action

    A putative class action alleging that Dole Food Co. misleads consumers by claiming it is an environmentally friendly and socially responsible company despite purportedly purchasing bananas from growers using pesticides in Guatemala has reportedly been filed in a California federal court. According to a Hagens Berman news release, the suit, filed on November 13, 2012,…

  • Partial Settlement Reached in FCA Action Brought Against Meat Packing Company

    The owners of the California-based Hallmark Meat Packing Co. have reportedly settled claims that they committed fraud under the False Claims Act (FCA) by supplying ground beef to school lunch programs without meeting contractual commitments to treat their animals humanely. The Humane Soc’y of the U.S. v. Hallmark Meat Packing Co., No. 08-00221 (C.D. Cal.,…

  • Spam Text Class Action Certified Against Papa John’s

    A federal court in California has certified a nationwide class and Washington subclass of individuals who received purportedly unsolicited text messages sent by OnTime4U to advertise Papa John’s pizza products. Agne v. Papa John’s Int’l, Inc., No. 10-1139 (W.D. Wash., decided November 9, 2012). An appeal was filed before the Ninth Circuit on November 26. According…

  • “Natural” Consumer Fraud Claims Against Arizona Beverages Trimmed

    A federal court has agreed to certify a class of California consumers allegedly misled by representations that AriZona Iced Tea® is “Natural” because it contains the processed, man-made ingredients high-fructose corn syrup (HFCS) and citric acid. Ries v. Arizona Beverages USA LLC, No. 10-01139  (N.D. Cal., order entered November 27, 2012). But the court granted…