Category: Issue 534
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California Courts Wait for FDA Guidance in Two ECJ Cases
Following similar decisions from courts across the country, two California federal courts have delayed final rulings in cases accusing Kashi and Trader Joe’s of mislabeling their products by using the term “evaporated cane juice” (ECJ) in their ingredient lists rather than simply “sugar,” which the plaintiffs allege is the same substance. Gitson v. Trader Joe’s…
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EPA Settlement Creates Pesticide-Free Zones in Pacific States to Protect Salmon
The U.S. Environmental Protection Agency (EPA) and several conservation groups have agreed to a settlement that limits pesticide use near salmon habitats in three states in a lawsuit accusing the agency of failing to assess the effects of pesticides on salmon despite a 2004 court decision ordering it to consult with National Marine Fisheries Service…
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Court Rejects Spoliation Claim in Kellogg Recall Case
A Michigan federal court has denied a motion filed by FPC Flexible Packaging Corp. and The International Group, Inc. to dismiss evidence for spoliation in a case accusing the packaging company and the wax maker of providing Kellogg defective cereal liners, resulting in a $70 million recall. Kellogg Co. v. FPC Flexible Packaging Corp., No. 11-272…
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Claims Trimmed in “All-Natural” Pretzel Labeling Suit Against Frito-Lay
A California federal court has dismissed several of the plaintiffs’ claims in a putative class action accusing Frito-Lay North America Inc. of mislabeling its Rold Gold pretzels as “low fat,” “fat free” or “all-natural” despite allegedly containing high sodium levels and unnatural ingredients. Figy v. Frito-Lay North America Inc., No. 13-3988 (N.D. Cal., order entered August 12,…
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USDA Announces New Traceback and Recall Procedures for Beef
The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) has announced plans to implement “new traceback procedures when FSIS or another agency finds raw ground beef or bench trim presumptive positive for Escherichia coli O157:H7.” Under the new system, which takes effect October 14, 2014, the agency will ask suppliers to recall…
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Amended Food Additive Regulations to Allow for Additional Use of Vitamin D3
The U.S. Food and Drug Administration (FDA) has amended food additive regulations pertaining to the safe use of vitamin D3 in response to a petition from Abbott Laboratories. The company requested that FDA approve use of the fat-soluble hormone “as a nutrient supplement at levels not to exceed 500 IUs per 240 mL in meal replacement…
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FDA Issues Report on Antimicrobial Resistance
The U.S. Food and Drug Administration (FDA) has released an executive report summarizing the data collected by the National Antimicrobial Resistance Monitoring System (NARMS) since 1996. Implemented by FDA, the Centers for Disease Control and Prevention, and the U.S. Department of Agriculture, NARMS tracks antibiotic resistance in foodborne bacteria, focusing on antibiotics “that are considered…