Category: Issue 544
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ECJ Suits Stayed Awaiting FDA Guidance
A California federal court has granted a motion for reconsideration in a case alleging that Wallaby Yogurt Co. includes “evaporated cane juice” (ECJ) on its ingredient lists rather than what plaintiffs allege is the more common name, sugar. Morgan v. Wallaby Yogurt Co., No. 13-296 (N.D. Cal, order entered November 5, 2014). Wallaby had moved…
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Court Decertifies Damages Class in Dole “All Natural” Fruit Suit
A federal court in California has decertified a damages class in litigation alleging that Dole Packaged Foods, LLC misleads consumers by labeling 10 of its fruit products as “All Natural Fruit” because they contain allegedly synthetic ingredients ascorbic acid and citric acid. Brazil v. Dole Packaged Foods, LLC, No. 12-1831 (N.D. Cal., order entered November…
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D.C. Circuit Refuses to Hear COOL Regulation Challenge Again
The D.C. Circuit Court of Appeals has denied the requests of meat-producer interests to rehear arguments in a case challenging the U.S. Department of Agriculture’s (USDA’s) country-of-origin labeling (COOL) rules as a violation of First Amendment rights. Am. Meat Inst. v. USDA, No. 13-5281 (D.C. Cir., order entered October 31, 2014). Under the regulations, amended…
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SCOTUS Declines Review of Diacetyl Liability Ruling
The U.S. Supreme Court (SCOTUS) has denied certiorari to petitioners alleging that Aaroma Holdings LLC is liable for personal injury claims stemming from the use of diacetyl by Emoral Inc., which declared bankruptcy in 2011 after Aaroma bought its assets in 2010. Diacetyl Plaintiffs v. Aaroma Holdings LLC, No. 14-71 (U.S., cert. denied November 3,…
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First Tax on Sugar-Sweetened Beverages Passed in Berkeley, California
Voters in Berkeley, California, have passed a 1-cent per-ounce tax on sugar-sweetened beverages (SSBs) and the added-calorie sweeteners used to make them. Revised by court order to reference “sugar-sweetened beverages” as opposed to “high-calorie, sugary drinks,” the ballot measure garnered 75 percent approval to make Berkeley the first city in the nation to adopt a soda…
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GAO Report Advocates Bolstered Federal Monitoring of Pesticide Residues in Food
The U.S. Government Accountability Office has issued a report related to its review of the federal government’s oversight of pesticide residues in food. More specifically, the report discusses the congressional watchdog’s analysis of Food and Drug Administration (FDA), U.S. Department of Agriculture (USDA) Food Safety and Inspection Service and USDA Agricultural Marketing Service pesticide residue…
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OTA Seeks to Revise Natural Flavoring and Lignin Sulfonate Standards
The Organic Trade Association (OTA) has reportedly submitted two petitions to the National Organic Program (NOP) requesting changes to the National List of Allowed and Prohibited Substances for organic processing and handling. Citing recent innovations, OTA has asked NOP to strengthen the rules governing natural flavors in certified products to require the use of organic…