Category: Issue 494
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Criminal Trial Against Peanut Corp. Officials and Staff Continued
A federal court in Georgia has issued an order continuing the criminal trial against former Peanut Corp. of America officials and employees, including owner Stewart Parnell, until February 10, 2014. United States v. Parnell, No. 12-12 (M.D. Ga., order entered August 15, 2013). The company was the source of a nationwide Salmonella outbreak in 2009,…
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Court Denies Dispositive Motion in Licorice Supply Chain Litigation
A federal court in California has denied a motion to dismiss in a contract dispute between the supplier of molasses allegedly contaminated with lead and the company that used the ingredient to make licorice subject to a nationwide recall. Am. Licorice Co. v. Total Sweeteners, Inc., No. 13-1929 (N.D. Cal., order entered August 13, 2013).…
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Court Unsympathetic to FDA Pleas for Delay in FSMA Rulemaking
A federal court in California has determined that the U.S. Food and Drug Administration (FDA) has not met the standard for the court to issue an order amending the deadlines set forth in its June 2013 order for promulgating and finalizing implementing regulations under the Food Safety Modernization Act (FSMA). Ctr. for Food Safety v.…
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Court Allows Most Consumer Fraud Claims to Proceed Against Tea Company
A federal court in California has dismissed several of the claims in a putative nationwide class action alleging that Bromley Tea Co. makes unlawful and deceptive health-related claims on packaging labels and on its website for the company’s green and black teas. Clancy v. The Bromley Tea Co., No. 12-3003 (N.D. Cal., order entered August…
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Second Circuit Interprets Lanham Act in Russian Vodka Trademark Suit
The Second Circuit Court of Appeals, addressing an issue of first impression among the federal appellate courts under the Lanham Act, has affirmed a district court determination that Federal Treasury Enterprise Sojuzplodoimport (FTE) cannot pursue trademark infringement litigation as a “legal representative” of the Russian Federation because while that government designated FTE as its legal…
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FDA Updates Guidance on Medical Foods
The Food and Drug Administration (FDA) has published draft guidance titled “Frequently Asked Questions About Medical Foods; Second Edition” that provides additional information about the definition, labeling and availability of medical foods—“foods formulated to be consumed or administered orally or enterally under the supervision of a physician.” The first edition of this guidance was issued…
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FDA Approves Color Additive Made from Spirulina
The Food and Drug Administration (FDA) has issued a final rule providing “for the safe use of spirulina extract made from the dried biomass of the cyanobacteria Arthrospira platensis (A. platensis), as a color additive in candy and chewing gum.” According to FDA, “Spirulina is a blue-green filamentous cyanobacteria that occurs naturally in freshwater and…
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FSIS Extends Comment Period on Proposed Rule for Mechanically Tenderized Beef
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has extended the comment period for a proposed rule that would require “mechanically tenderized” labeling for raw or partially cooked needle- or blade-tenderized beef products, “including beef products injected with marinade or solution.” According to FSIS, the rule would also require the labels of…