Category: Issue 464
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Putative Class Claims Curtailed in Coconut Water Consumer Fraud Action
A federal court in California has granted in part the summary judgment motion filed by a coconut water company facing allegations that it overstates the magnesium and sodium content of its “O.N.E.” product and falsely claims that it is a good source of electrolytes. Vital v. One World Co., LLC, No. 12-00314 (C.D. Cal., order…
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Federal Court Allows Securities Fraud Claims to Proceed Against Diamond Foods
A federal court in California has determined that Diamond Foods’ investors adequately pleaded knowledge, or scienter, on the part of the company and individual senior officers to allow putative class claims against them for false and misleading statements in violation of federal securities laws to proceed. In re Diamond Foods, Inc., Securities Litig., No. 11-05386 (N.D.…
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GAP Lawsuit Seeks FDA Data on Use of Animal Antibiotics
The Government Accountability Project (GAP) has filed a lawsuit under the Freedom of Information Act (FOIA) against the Food and Drug Administration (FDA), alleging that the agency has wrongfully withheld information requested about the use of anti-microbial drugs in food-producing animals. GAP v. FDA, No. 12-1954 (D.D.C., filed December 5, 2012). GAP requests an order…
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Alleged Infringing Farmer Files SCOTUS Merits Brief on Patent Exhaustion
Indiana farmer Vernon Bowman claims in his U.S. Supreme Court merits brief that the Federal Circuit Court of Appeals, which ruled that he infringed patents by planting second-generation genetically modified (GM) seeds, has “significantly curtailed the patent-exhaustion defense” by refusing to “hold Monsanto’s patent rights exhausted with respect to the seeds Bowman purchased from [a]…
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Peru Imposes 10-Year Ban on GMO Foods
Peru has passed a law that prohibits genetically modified organisms (GMOs) from being imported, produced or used anywhere within the country for the next 10 years. The law, which was approved by President Ollanta Humala last year and took effect last week, is aimed at preserving Peru’s agricultural diversity, preventing cross-pollination and supporting local farmers.…
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Mexican Lawmaker Floats Chewing Gum Tax Proposal
A Mexican lawmaker has proposed a 50 percent tax on chewing gum. According to news sources, Institutional Revolutionary Party Deputy Juan Manuel Diez Francos claims such a tax could fund efforts to clean up the gum discarded in various public venues. Mexico is apparently the second largest consumer of gum behind the United States—citizens chew…
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Health Canada Approves Stevia for Tabletop and Food Use
Health Canada has issued a notice of modification adding steviol glycosides derived from the stevia plant to its list of permitted sweeteners. After concluding a technical consultation published on July 31, 2012, in response to three separate food additive submissions, Health Canada has evidently agreed that “available data support the safety and efficacy of steviol…
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FDA Issues Final Food Irradiation Rules
The Food and Drug Administration (FDA) has issued final rules amending food additive regulations pertaining to the use of ionizing radiation in the production, processing and handling of meat and poultry products. Promulgated at the request of the U.S. Department of Agriculture, the rules took effect on November 30, 2012. FDA requests written objections or…