Food & Beverage Litigation & Regulatory Update

Category: Issue 539

  • FDA Warnings on Salmonella in Tomatoes Not a Taking, Court Says

    The U.S. Court of Federal Claims has ruled that the U.S. Food and Drug Administration (FDA) is not required to compensate tomato growers for a regulatory taking after incorrectly warning the public in 2008 that a Salmonella outbreak was linked to tomatoes. Dimare Fresh Inc. v. U.S., No. 13-519 (Fed. Cl., order entered September 18,…

  • Federal Court Allows Suit Against Cantaloupe Farm Auditing Firm

    A federal court in Maryland has allowed the personal representative of the estate of a man who died in 2011 during a nationwide Listeria outbreak linked to a Colorado cantaloupe farm to sue the company responsible for auditing the cantaloupe producer’s processing facilities, finding that it owed him a duty of care. Wells Lloyd v.…

  • ASA Nixes “Snake Venom” Beer Claims

    The U.K. Advertising Standards Authority (ASA) has upheld two complaints against a website advertising Brewmeister Ltd.’s “Snake Venom” beer as “THE WORLD’S STRONGEST BEER.” In response to the first complaint, which disputed the beer’s stated alcohol by volume (ABV),the agency questioned whether the independent analysis that determined Snake Venom’s ABV differed from the process used…

  • EU Seeks Comments on Endocrine Disruptors, GM Plant Guidance

    The European Commission (EC) and European Food Safety Authority (EFSA) have launched public consultations seeking comments on endocrine active substances and draft genetically modified (GM) plant guidance. In accordance with regulations governing biocides and plant protection products, the commission has asked the public “to help define criteria for endocrine disruptors” as part of its effort…

  • NAD Refers Talking Rain to FTC After Insufficient Advertising Changes

    The National Advertising Division (NAD) has referred Talking Rain Beverage Co. to the Federal Trade Commission (FTC) after the company failed to comply with a previous NAD determination finding that certain aspects of its advertising could be misleading. After a July 2014 NAD investigation, Talking Rain’s advertising for Sparkling ICE—which it presents as “the adventurous…

  • FDA Looks to Ease FSMA Burdens

    To ease producer burdens under the Food Safety Modernization Act (FSMA), the U.S. Food and Drug Administration (FDA) has revised four proposed rules related to produce safety; preventive controls for human food and animal food; and the foreign supplier verification program. After receiving feedback from consumers and industry stakeholders, the agency has (i) updated water quality…

  • NOP Adds Biodegradable Biobased Mulch Film to National List

    The U.S. Department of Agriculture’s National Organic Program (NOP) has issued a final rule amending the National List of Allowed and Prohibited Substances (National List), which governs the use of synthetic and nonsynthetic substances in organic crop production and processing. Effective October 30, 2014, the final rule adds biodegradable biobased mulch film to the National List…

  • Citizen Petition Calls on USDA to Declare Salmonella Strains Adulterants

    The Center for Science in the Public Interest (CSPI) has filed a citizen petition with the U.S. Department of Agriculture (USDA) seeking a declaration that four antibiotic-resistant (ABR) strains of Salmonella are adulterants under federal law. This is CSPI’s second petition on the matter and attempts to respond to data gaps identified by USDA’s Food…