Category: Issue 490
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Counsel Awarded $90.8 Million in Black Farmers’ Discrimination Suit
A federal court has awarded $90.8 million to the attorneys who represented African-American farmers in litigation against the U.S. Department of Agriculture alleging discrimination in the loan application process. In re Black Farmers Discrimination Litig., No. 08-0511 (D.D.C., decided July 11, 2013). Additional details about class counsels’ request appear in Issue 405 of this Update. Explaining…
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Animal Rights Groups Challenge USDA Action on Horse Meat Plants
A coalition of animal rights organizations has sued U.S. Department of Agriculture (USDA) Secretary Tom Vilsack under the National Environmental Protection Act (NEPA), claiming that the agency failed to conduct a required environmental review before granting the application of a “horse slaughter plant operator in New Mexico, bringing the nation closer to its first horse…
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Putative Class Challenges Fruit Juice Labeling
A California resident has filed consumer fraud claims on behalf of a putative statewide class against a company that makes fruit juices with “No Sugar Added” statements on the product labels and without a statement that the juice is not a “low calorie” or “calorie reduced” product allegedly in violation of federal regulatory requirements. Cuzakis…
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Meat Trade Groups Challenge COOL Labeling Regulations
Trade organizations representing the interests of cattle and pork producers and meat processors in Canada and the United States have filed a lawsuit against the U.S. Department of Agriculture (USDA), challenging country-of-origin (COOL) labeling regulations that took effect May 23, 2013. Am. Meat Inst. v. USDA, No. 13-1033 (D.D.C., filed July 8, 2013). They seek declaratory…
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Court Orders Partial Dismissal of False Ad Claims Against Food Companies
A federal court in California has dismissed in part and granted in part allegations in a second amended, putative class complaint filed against three food and beverage companies for alleged violations of state consumer fraud laws in the labeling claims on a plethora of products including chewing gum, juices, cookies, crackers, granola, stuffing, and cheese.…
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Court Dismisses Deceptive Marketing Claims Against Margarine Maker
A federal court in California has dismissed as preempted certain claims filed by a putative class alleging that Unilever deceptively markets “I Can’t Believe It’s Not Butter! Spray.” Pardini v. Unilever U.S., Inc., No. 13-1675 (N.D. Cal., order entered July 9, 2013). The dismissal was without prejudice, and the plaintiff has 30 days to amend…
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Maine Governor Vetoes BPA Disclosure Measure
Maine Governor Paul LePage (R) has reportedly vetoed legislation (LD 1181) that would have required food companies with more than $1 billion in annual sales to disclose their use of priority chemicals such as bisphenol A (BPA) to the state. According to his July 8, 2013, veto letter, LePage rejected the measure for lack of…
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Proposed Changes to Prop. 65 Warnings Focus of Upcoming OEHHA Workshop
California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has slated a public pre-regulatory workshop for July 30, 2013, to gather input from stakeholders “on the content of a regulation that would address Proposition 65 (Prop. 65) warnings.” According to OEHHA, the regulation, “if formally proposed and adopted, would either supplement or replace existing OEHHA…