Food & Beverage Litigation & Regulatory Update

Category: Issue 472

  • Researchers Examine Soybean Uptake of Nanoparticles from Soil

    A recent study has purportedly found that soybean plants can uptake widely used industrial nanoparticles (NPs) from the soil, raising concerns about potential effects on the food chain and the next generation of crops. Jose Hernandez-Viezcas, et al., “In Situ Synchrotron X-ray Fluorescence Mapping and Speciation of CeO2 and ZnO Nanoparticles in Soil Cultivated Soybean…

  • Monster Energy to Reclassify Products as Beverages

    According to media sources, Monster Energy Corp. has announced plans to re-label its energy drinks as beverages regulated by the Food and Drug Administration (FDA) as opposed to dietary supplements. The company reportedly told industry publication Beverage Digest that it will update product labels to include “Nutritional Facts” rather than “Supplement Facts,” as well as…

  • Lancet Article Assesses Role of Industry in Non-Communicable Disease Policy

    An article recently published in The Lancet has apparently concluded that industries promoting so-called “unhealthy commodities” “should have no role in the formation of national or international NCD [non-communicable disease] policy.” Rob Moodie, et al., “Profits and pandemics: prevention of harmful effects of tobacco, alcohol, and ultra-processed food and drink industries,” The Lancet, February 2013.…

  • Federal Criminal Charges Filed Against Peanut Corp. Owner and Employees

    In a 76-count indictment, four individuals formerly associated with the Peanut Corp. of America (PCA), which was the source of a nationwide Salmonella outbreak in 2009, have been charged with conspiracy, mail and wire fraud, obstruction of justice and other counts involving the distribution of adulterated or misbranded food. United States v. Parnell, No. 13-12…

  • First Circuit Rules PACA Appeal Provisions Are Jurisdictional

    The First Circuit Court of Appeals has upheld the dismissal of an attempted appeal from an administrative ruling under the Perishable Agricultural Commodities Act (PACA), agreeing with the district court that the company which allegedly failed to pay all of the required purchase price on four truckloads of produce failed to file an appropriate appeal…

  • Petition for Healthier Vending Machines in Massachusetts

    Massachusetts lawmakers have proposed a bill (H.B. 2011) to expand access to healthy food choices in vending machines on state property, including “government office buildings, road-side rest stops, state parks and recreation centers, state colleges and universities, and state supported hospitals.” The legislation seeks to set specific nutritional standards for all foods or beverages sold…

  • Mississippi Lawmakers Squash Local Food Regulation

    The Mississippi House of Representatives recently passed legislation (H.B. 1182) that aims to prohibit food regulation at the local level. The bill in question would reserve to the state legislature the power to regulate consumer incentive items, implement menu and vending machine labeling rules, and set other restrictions on the sale of certain foods and…

  • FDA Extends Comment Deadline on Proposed Hazard Analysis, Produce Safety Rules

    The Food and Drug Administration (FDA) has extended the comment periods on two proposed rules related to foodborne illness prevention and produce safety that appeared in the Federal Register on January 16, 2013. In response to a request for a 90-day extension, the agency has increased until May 16, 2013, the comment periods for the…