Category: Issue 528
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No Class Certification in Baby Food Labeling Suit
In light of the large number of baby food products at issue and differing product labels used during the six-year class period in litigation alleging misbranding and deceptive labeling against Gerber Products Co., a federal court in California has determined that the class is not ascertainable, a flaw “fatal” to the plaintiff’s motion for class…
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Indiana Court Rejects Constitutional Challenge to Chilled Beer Sales Limit
An Indiana federal court has upheld a state statute that limits the sale of cold beer to package liquor stores, barring other beer sellers like convenience stores from selling beer cooler than room temperature. Ind. Petroleum Marketers & Convenience Store Ass’n v. Huskey, No. 13-784 (S.D. Ind., order entered June 16, 2014). Indiana law divides…
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No Reconsideration for Expert Exclusion in DHA Omega-3 Fortified Milk Suits
A federal magistrate in Florida has denied the plaintiffs’ request in multidistrict litigation challenging marketing claims that DHA Omega-3-fortified milk supports brain health to reconsider an earlier order excluding the testimony of their expert. In re Horizon Organic Milk Plus DHA Omega-3 Mktg. & Sales Practice Litig., MDL No. 2324 (S.D. Fla., order entered June 17,…
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California Repeals Requirement That Food Handlers Wear Gloves
In a unanimous vote, the California Senate has voted to repeal a new provision in the health code requiring restaurant workers to wear gloves when handling food. The provision took effect in January 2014 throughout California with a compliance grace period set to end in July 2014. The measure was intended to curb foodborne illness,…
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EFSA Issues Scientific Opinion on Pathogens in Fresh and Frozen Berries
The European Food Safety Authority’s (EFSA’s) Panel on Biological Hazards (BIOHAZ) has issued a scientific opinion on the risk posed by Salmonella and norovirus in fresh and frozen berries. According to BIOHAZ, which reviewed the limited data pertaining to the prevalence of these foodborne pathogens in berries, the risk factors for contamination are likely to…
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CDC Issues Report on Effects of Excessive Alcohol Use
The Centers for Disease Control and Prevention (CDC) has published a report that attributes the loss of approximately 2.5 million years of potential life, one in 10 deaths of working-aged adults and $223.5 billion in health-care and productivity costs annually to excessive drinking. The study examined data from CDC’s Alcohol-Related Disease Impact application for 2006…
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FDA Finalizes Guidance on Nanotech Use in Food
The U.S. Food and Drug Administration (FDA) has released its final guidance on the use of nanotechnology in food as well as draft guidance on use of the technology in animal food. Rather than categorically judging nanotech as either safe or harmful, the agency indicated that it will consider specific characteristics of products with nanotech…
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House Bill Would Give USDA Greater Recall Authority
Reps. Rosa DeLauro (D-Conn.) and Louise Slaughter (D-N.Y.) have introduced the Pathogens Reduction and Testing Reform Act, which would require the U.S. Department of Agriculture (USDA) to issue food recalls for meat contaminated with antibiotic-resistant pathogens such as Salmonella. Citing better protections for consumers and past deference to voluntary recalls as support for their bill,…