Category: Issue 519
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Court Trims Causes of Action in Labeling Suit Against Whole Foods
A federal court in California has granted in part and denied in part the motion to dismiss filed in a putative class action against Whole Foods Market. Pratt v. Whole Foods Mkt. Cal., Inc., No. 12-5652 (N.D. Cal., order entered March 31, 2014). The claims relate to a number of 365 Everyday Value® products that the…
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“Whiskey Fungus” Claims Not Preempted
A federal court in Kentucky has determined that distillery neighbors may proceed with state law-based tort claims alleging that the facility’s emissions cause “whiskey fungus” to accumulate on their real and personal property. Merrick v. Diageo Americas Supply, Inc., No. 12-0334 (W.D. Ky., Louisville Div., order entered March 19, 2014). Additional details about the lawsuit…
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ECHA Publishes Final Decisions for 14 Potentially Hazardous Substances
After review by member states and unanimous agreement by the Member State Committee, the European Chemicals Agency (ECHA) has published a group of evaluation decisions on 14 substances considered to pose potential risks, creating obligations for companies in the European Union to conduct tests and provide further data about their use. The decisions are the…
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EFSA to Hold Workshop on Re-Evaluation of Food Additives
The European Food Safety Authority (EFSA) will host a workshop on April 28, 2014, in Brussels, to discuss the agency’s work related to the re-evaluation of food additives, as required by Commission Regulation No. 257/2010 of the European Parliament and the Council on Food Additives. With an aim to “engage with interested business operators, scientific…
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EPA Orders Halt to Sales of Food Storage Products
The U.S. Environmental Protection Agency (EPA) has issued a stop sale, use or removal order against New Jersey-based Pathway Investment Corp. concerning company food storage products containing nano silver. According to the agency, these products—Kinetic Go Green Premium food storage containers, Kinetic Smartwist Series containers, TRITAN food storage, and StackSmart Storage—are marketed “as containing nano…
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FDA Issues Industry Guidance on Prior Notice of Imported Foods
The U.S. Food and Drug Administration (FDA) has issued draft guidance for the food industry titled “Guidance for Industry: Prior Notice of Imported Food Questions and Answers (Edition 3).” Intended to address questions received since publication of the second edition in May 2004, the guidance includes information related to the Food Safety Modernization Act, which…
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FDA to Revise Spent Grain Proposal
After reportedly receiving more than 2,000 comments criticizing its proposal to tighten regulations concerning the transaction of spent grain between brewers and farmers, the U.S. Food and Drug Administration (FDA) has apparently decided to revise its original plan, stating that it will release an amended version of the proposal this summer. According to news sources, brewers, who…