Category: Issue 478
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Dietary Supplement Trade Association Issues Caffeine Guidelines
The Council for Responsible Nutrition has issued recommended guidelines for dietary supplement products containing caffeine, including energy drink products marketed as supplements. According to the council, the guidelines expand “its self-regulatory initiatives that encourage best practices within the supplement industry and promote safe use of dietary supplements by consumers.” Council President and CEO Steve Mister…
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Law Firm Announces Filing of 4-MEI Lawsuits Under Prop. 65
A Connecticut-based law firm has filed Proposition 65 (Prop. 65) lawsuits against three companies that make food extracts and flavorings, alleging that they fail to disclose the presence of 4-Methylimidazole (4-MEI), a substance known to California to cause cancer. Leeman v. Adams Extract & Spice Co., LLC, No. 13-529493; Leeman v. McCormick & Co., Inc.,…
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Trial Set for Prop. 65 Lawsuit over Lead in Food
According to a news source, trial begins April 8, 2013, in the Environmental Law Foundation’s Proposition 65 (Prop. 65) lawsuit against 28 food manufacturers and retailers in a California state court, alleging failure to warn the public that their baby and toddler foods and fruit juices contain lead, a chemical known to the state to…
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Federal Court Dismisses Parts of Consumer Fraud Action Against Frito-Lay & PepsiCo
A federal court in California has dismissed in part the first amended complaint in a putative class action against Frito-Lay and PepsiCo, alleging that the companies falsely advertised and labeled their products as “All Natural,” “0 Grams Trans Fat,” “No MSG,” “low sodium,” “healthy,” and with other unspecified health claims. Wilson v. Frito-Lay N. Am.,…
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Plaintiffs Fail to Show HFCS Is Not “All Natural,” Class Decertified, Summary Judgment Entered
A federal court in California has decertified and entered summary judgment against a statewide class alleging that AriZona Iced Tea beverages with “All Natural,” “100% Natural” and “Natural” labels violated state consumer protection laws because they contain high fructose corn syrup (HFCS) and citric acid, ingredients alleged by the plaintiffs to be man-made. Ries v.…
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D.C. Circuit Clarifies When FOIA Requesters May Sue Agencies in Court
The D.C. Circuit Court of Appeals has ruled that the Freedom of Information Act (FOIA) requires federal agencies to issue a determination about what will be produced to or withheld from a FOIA requester within statutory deadlines; a failure to do so is deemed the exhaustion of administrative remedies and allows the requester to bring…
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California Assembly Bill Would Provide Prop. 65 Safe Harbor
The California Assembly’s Environmental Safety and Toxic Materials Committee has scheduled an April 16, 2013, hearing on a bill (A.B. 227) intended to give small business owners two weeks to correct a purported violation of the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65) without incurring any liability under the law. The…
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FDA Issues Draft Compliance Policy Guide on Food Facility Registration
The Food and Drug Administration (FDA) has announced the availability of “Draft Compliance Policy Guide Sec.100.250 Food Facility Registration— Human and Animal Food” (draft CPG), which aims to “provide guidance for FDA staff regarding enforcement of the food facility registration provisions under a section [415] of the Federal Food, Drug, and Cosmetic Act .” To…