Category: Issue 530
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State AGs Sue 5-Hour ENERGY® Makers for Deceptive Advertising
The state attorneys general (AGs) of Oregon, Vermont and Washington have reportedly filed separate lawsuits against Living Essentials and its parent Innovation Ventures seeking a permanent injunction to stop allegedly misleading and deceptive advertising for 5-hour ENERGY®. According to news sources, other state AGs are expected to bring similar action; some 30 have been investigating the…
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ECJ Claims Against Snack Maker Not Plausible
A federal court in Illinois has dismissed without prejudice a putative class action alleging consumer fraud against a company that makes snacks which list evaporated cane juice (ECJ) as an ingredient. Ibarrola v. Kind, LLC, No. 13-50377 (N.D. Ill., order entered July 14, 2014). The court declined to address whether the plaintiff had standing to…
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Court Dismisses Suit Accusing LSU of Fraudulent Sweetener Patent
A California federal court has dismissed on jurisdictional grounds Quest Nutrition LLC’s lawsuit against Louisiana State University Agricultural Center accusing the school of filing a patent for a sweetener using Quest’s confidential information. Quest Nutrition LLC v. Bd. of Supervisors of LSU Agric. & Mech. Coll., No. 14-2005 (C.D. Cal., order entered July 8, 2014). The…
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Ninth Circuit Rejects Objections to Nutella Settlement
The Ninth Circuit Court of Appeals has upheld the settlement of class actions alleging consumer fraud in ads portraying Nutella as a healthy breakfast food. In re Ferrero Litigation, No. 12-56469 (9th Cir., decided July 16, 2014) (unpublished). Three members of the certified statewide class objected to the settlement, which provided $550,000 to reimburse class…
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Calif. Foie Gras Ban Headed to SCOTUS Conference
Briefing has been completed before the U.S. Supreme Court (SCOTUS) on a petition seeking review of the Ninth Circuit Court of Appeals ruling upholding California’s prohibition on the sale of food produced by force feeding birds to enlarge the liver beyond normal size. Association des Éleveur de Canards des d’Oies du Québec v. Harris, No. 13-1313…
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Nutrition Standards to Be Implemented for Food, Beverages Sold on D.C. Government Property
The District of Columbia City Council this week overrode Mayor Vincent Gray’s veto of the 2015 budget, which includes a directive for the issuance of “healthy food and beverage standards” for vending machine and other concession offerings sold or served on District government property. Encouraging fare that includes fruits, vegetables and other offerings low in…
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Mexico Implements Food and Beverage Ad Restrictions
The Mexican Ministry of Health has reportedly announced new restrictions on food and beverage advertisements aired during TV programs and movies viewed by children. Part of its National Strategy for the Prevention and Control of Overweight, Obesity and Diabetes, the new rules will prohibit the marketing of sugar-sweetened beverages, snacks, confectionery, and chocolate on both…
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EFSA Sets ADI for Sunset Yellow
After revisiting a prior safety assessment, the European Food Safety Authority (EFSA) has established an acceptable daily intake (ADI) of 4 mg/kg bw/day for the food coloring known as Sunset Yellow. EFSA’s Panel on Food Additives and Nutrient Sources Added to Food (ANS) recommended raising the ADI—previously set at 1 mg/kg bw/day—in light of a…