Category: Issue 503
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WSJ Notes Labeling Trend Away from “Natural”
According to Wall Street Journal reporter Mike Esterl, products with the “natural” or “all natural” label represented $40 billion in retail sales in the United States in the preceding 12 months and market researchers have found that more than 50 percent of Americans seek the “all natural” label when they shop for food. Still, food…
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Rudd Center Issues 2013 Report on Food Advertising to Children and Teens
The Yale University Rudd Center for Food Policy & Obesity has released an updated report on food advertising to children and teens that criticizes the fast-food industry for failing to meet its own marketing standards. Funded by the Robert Wood Johnson Foundation, “Fast Food FACTS 2013” claims that fast-food restaurants spent $4.6 billion on total…
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Hearing on Pretrial Motions Scheduled in Parnell Criminal Action
A December 6, 2013, hearing will be held before a Federal court in Georgia on pending pretrial motions in a criminal lawsuit filed against former Peanut Corp. of America officials and employees, including owner Stewart Parnell. United States v. Parnell, No. 13-CR-12 (M.D. Ga., November 5, 2013). The company was the source of a nationwide Salmonella…
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Anheuser-Busch Targeted in Copyright Infringement Suit
Wooden Nickel Music, which owns the copyright to the musical composition “Lady” and the sound recording embodying that composition by the group Styx, has filed an infringement action against Anheuser-Busch, LLC (AB) and a film company that purportedly created a video, currently on YouTube, including part of the recording. Wooden Nickel Music v. Anheuser-Busch, LLC,…
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Another Court Refers “All Natural” Litigation Issue to FDA
A federal court in New Jersey has, on the basis of the primary jurisdiction doctrine, halted proceedings alleging that General Mills misleads consumers by labeling its Kix® cereals with bioengineered corn as “made with all natural corn.” In re General Mills, Inc. Kix Cereal Litig., No. 12-249 (D.N.J., order entered November 1, 2013). Citing rulings from…
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Court Dismisses Claims Against Costco over VitaRain® Beverages
A federal court in Washington has dismissed the second amended consumer fraud complaint filed against Costco Wholesale Corp. concerning its VitaRain® Enhanced Water Beverage; while the court dismissed the complaint without leave to amend, it did not dismiss it with prejudice. Maple v. Costco Wholesale Corp., No. 12-5166 (E.D. Wash., order entered November 1, 2013).…
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Ninth Circuit Tolls Publication Date for FDA Proposed Rule
While the Ninth Circuit Court of Appeals has granted the Food and Drug Administration’s (FDA’s) motion for expedited consideration of its emergency motion to stay a district court order establishing rulemaking deadlines under the Food Safety Modernization Act, it denied the stay pending appeal. Ctr. for Food Safety v. Hamburg, No. 13-16841 (9th Cir., order entered…
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Hawaii Mayor Vetoes Measure Curbing Pesticides, GMO Crops
The mayor of Kauai County, Hawaii, has vetoed a bill that sought to restrict pesticide use by agricultural companies developing genetically modified (GM) crops on the island. The bill would have required biotechnology crop companies to disclose what pesticides they use and established no-spray zones around schools, residences, medical facilities, roads, and waterways. Although the…