Category: Issue 496
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No Class Certification for Plaintiffs Alleging Fraud in Sale of Coffee Product
A federal court in Illinois has refused to certify a multistate class of consumers who were allegedly deceived under the consumer protection statutes and unjust enrichment laws of eight named states by a company that, at one time, either misrepresented or failed to indicate that its single serving coffee product contained “instant” or “soluble” coffee…
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Court Rules Consumer Fraud Claims Against Crisco Maker Not Preempted
A federal court in California has denied the motion to dismiss filed by J.M Smucker Co. in a putative class action alleging that it misleads consumers by labeling four of its Crisco® oil products as “All Natural” because they are purportedly made with genetically modified (GM) corn, canola and soy crops and because they are…
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Monster Beverage Suit Against City Attorney of San Francisco Survives Motion to Dismiss
A federal court in California has narrowed the issues in litigation filed by Monster Beverage Corp. against Dennis Herrera, San Francisco’s city attorney, granting in part and denying in part Herrera’s motion to dismiss. Monster Beverage Corp. v. Herrera, No. 13-786 (C.D. Cal., order entered August 22, 2013). Additional details about the dispute between the…
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MDL Court Narrows “All Natural” Claims over Frito-Lay GMO Products
A multidistrict litigation (MDL) court in New York has granted in part the motion to dismiss filed in a putative class action alleging that Frito-Lay North America and PepsiCo., its parent, mislead consumers by labeling various Tostitos®, SunChips® and Fritos Bean Dip® products as “all natural” when they contain genetically modified organisms (GMOs). In re…
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UK Issues Warning About Fake Manuka Honey
The U.K. Food Standards Agency has reportedly issued a nationwide warning about misleading and illegal claims for manuka honey, a product derived from the manuka tree in southeastern Australia and New Zealand and endorsed by many celebrities who claim that it contains unique anti-bacterial and medicinal properties. According to news sources, manuka honey commands prices…
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ECHA Announces Public Consultation on Proposal to Reclassify BPA
The European Chemicals Agency (ECHA) has announced a public consultation seeking feedback on a proposal submitted by the French Agency for Food, Environmental and Occupational Health and Safety (ANSES) to reclassify bisphenol A (BPA) based on its alleged reproductive toxicity. According to ECHA, the proposal would upgrade the harmonized classification and labeling (CLH) of BPA…
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FDA Information Collection Focuses on Animal Feed Manufacturers
The Food and Drug Administration (FDA) has announced an information collection requiring “renderers, feed manufacturers, and others involved in feed and feed ingredient manufacturing and distribution to maintain written procedures specifying the cleanout procedures or other means, and specifying the procedures for separating products that contain or may contain protein derived from mammalian tissue from…
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USDA Seeks Comments on Salmonella Testing Process
The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) has issued a request for comments regarding changes to its procedure for Salmonella verification sampling of raw beef products. Among other things, FSIS stated that it will (i) begin “analyzing for Salmonella all raw beef samples that it collects for Shiga toxin-producing Escherichia coli…