Category: Issue 517
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Court Applies De Minimis Defense to Wage-and-Hour Claim Against Starbucks
A federal court in California has determined that the tasks an employee performed only when working the closing shift for Starbucks Corp. consumed a de minimis amount of time and thus dismissed his claims that the company violated the state Labor Code by failing to pay him for that time. Troester v. Starbucks Corp., No. 12-7677…
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Court Dismisses ECJ Claims Against Amy’s Kitchen
A federal court in Florida has dismissed, without prejudice, a putative statewide class action filed against Amy’s Kitchen, alleging that the company misleads consumers by identifying the sugar in its products as “evaporated cane juice” (ECJ). Reilly v. Amy’s Kitchen, Inc., No. 13-21525 (S.D. Fla., order entered March 7, 2014). The court agreed with the…
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Maryland Proposal Would Ban Sale of Energy Drinks to Minors
Maryland lawmakers have proposed legislation (H.B. 1273) that would prohibit the sale of energy drinks to youth younger than age 18. Defining energy drink as a “beverage, an energy shot, or a powdered drink mix that contains 71 milligrams or more of caffeine per 12-ounce serving and the ingredients taurine, guarana, panax ginseng, inositol, or L-Carnitine in any…
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OEHHA Proposes Reforms to Prop. 65 Warnings
California EPA’s Office of Environmental Health Hazard Assessment (OEHHA) has scheduled an April 14, 2014, public workshop to discuss “a possible regulatory action to change the existing regulation governing Proposition 65 warnings.” The Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65) requires manufacturers to warn consumers if their products contain any substances…
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AquaBounty Seeks Approval to Sell GM Fish in Canada
The company that has developed a genetically modified (GM) salmon has reportedly filed an application with Health Canada seeking its approval to market the fish for human consumption. AquaBounty received the approval of Environment Canada in November 2013 to produce GM salmon fish eggs at its Prince Edward Island hatchery—a decision that has been challenged…
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EFSA Seeks Data on Food Additives
The European Food Safety Authority (EFSA) has issued a call for data from member states and other stakeholders on a third batch of food additives, including tertiary-butyl hydroquinone, agar, carrageenan, and xanthan gum, used in food and beverages. The action follows Commission Regulation No. 257/2010 of the European Parliament and the Council on Food Additives,…
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EFSA Requests Brominated Flame Retardant Monitoring
The European Food Safety Authority (EFSA) has asked member states “to monitor the presence of brominated flame retardants (BFRs) in food over the next two years.” In light of six scientific opinions published by the Scientific Panel on Contaminants in the Food Chain between September 2010 and September 2012, EFSA has requested additional information on…
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European Parliament Rejects Nano Labeling Regulations
The European Parliament has reportedly rejected draft rules mandating the labeling of engineered nanomaterials used in food. According to a March 13, 2014, press release, MEPs voted to scrap the proposed measure over concerns that the European Commission’s definition of nanomaterial “would exempt nano-sized food additives already on the market.” In particular, MEPs noted that…