Food & Beverage Litigation & Regulatory Update

Category: Issue 510

  • Putative Class Claims Diamond Foods’ Tortilla Chips Are Not Natural

    A California resident has filed a putative statewide class action in a California federal court against Diamond Foods, Inc., alleging that the company misleads consumers by prominently labeling its line of TIAS Tortilla Chips® as “All Natural” when they contain artificial ingredients such as maltodextrin and/or dextrose. Surzyn v. Diamond Foods, Inc. No. 14-136 (N.D. Cal.,…

  • Jensen Brothers Ask Court Not to Impose Jail Time

    Eric and Ryan Jensen, who owned the cantaloupe farm linked to a deadly 2011 Listeria outbreak, have reportedly urged a court, following their pleas to charges related to the incident, not to sentence them to prison. Additional details about the plea and charges appear in Issue 500 of this Update. They apparently claim that they…

  • Employees Seek Approval of Wage Dispute Settlement with Benihana

    A putative class of workers employed by Benihana Inc. in its New York City-based Haru Restaurants has filed an unopposed motion for preliminary approval of an agreement that would resolve claims that the company did not pay employees all the pay to which they were entitled and did not provide certain employees with valid tip…

  • Prosecutor Agreement Revealed in Monster Energy Probes

    According to news sources, San Francisco City Attorney Dennis Herrera and New York Attorney General Eric Schneiderman have entered an agreement to share documents and otherwise coordinate efforts in their ongoing investigations of Monster Beverage Corp., which, they allege, illegally markets highly caffeinated beverages to children. Herrera reportedly said, “Up until now, we have been…

  • Sixth Circuit Upholds Restrictions on Liquor Sales in Kentucky

    The Sixth Circuit Court of Appeals has determined that Kentucky has a rational basis for restricting the types of retailers that may be issued licenses to sell liquor and wine, thus ruling that the law does not violate grocers’ equal protection rights. Maxwell’s Pic-Pac, Inc. v. Dehner, Nos. 12-6056, -6057, -6182 (6th Cir., decided January…

  • OEHHA to Reconsider Reproductive Toxicity of Some Substances

    California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has issued a hazard identification document for six chemicals that will be reconsidered for listing as reproductive toxicants under Proposition 65. Used in epoxy resins or as plasticizers, the chemicals—n-butyl glycidyl ether, diglycidyl ether, phenyl glycidyl ether, methyl n-butyl ketone, methyl isopropyl ketone, and α-methyl styrene—were…

  • EFSA Opens Public Consultation on Iodine Dietary Reference Values

    The European Food Safety Authority’s (EFSA’s) Panel on Dietetic Products, Nutrition and Allergies (NDA) has launched a public consultation for its draft scientific opinion on dietary reference values for iodine. Using data from “a large epidemiological study in European school-aged children showing that goiter prevalence is lowest for a urinary iodine concentration ≥ 100 μg/L,”…

  • FDA Guidance Differentiates Liquid Dietary Supplements from Beverages

    The U.S. Food and Drug Administration (FDA) has issued two final guidance documents for industry on distinguishing liquid dietary supplements from beverages. Titled “Distinguishing Liquid Dietary Supplements From Beverages” and “Considerations Regarding Substances Added to Foods, Including Beverages and Dietary Supplements,” the documents update 2009 draft guidance intended “to help dietary supplement and beverage manufacturers…