Food & Beverage Litigation & Regulatory Update

Category: Issue 546

  • Wolfgang’s FACTA Suit to Proceed with Amended Complaint

    A New York federal court has rejected Wolfgang’s Steakhouse and ZMF Restaurants LLC’s motion to dismiss a case alleging that the restaurant violated the Fair and Accurate Credit Transactions Act of 2003 (FACTA) by printing credit card expiration dates on receipts. Fullwood v. Wolfgang’s Steakhouse, Inc., No. 13-7174 (S.D.N.Y., order entered November 14, 2014). The court found…

  • Eighth Circuit Says Likelihood of MSG to Cause Harm Is Factual Matter

    In a dispute over commercial liability insurance coverage, the Eighth Circuit Court of Appeals has ruled that a trial court erred in deciding, as a matter of law, that a recall of sausage breakfast sandwiches prompted by contamination with monosodium glutamate (MSG) was a covered incident. Hot Stuff Foods, LLC v. Houston Cas. Co., Nos. 14-1192,…

  • Kentucky Appeals Court Issues “Whiskey Fungus” Ruling

    A Kentucky Court of Appeals panel has reversed a trial court determinationthat trespass and nuisance claims filed by residents alleging damage from the ethanol emissions of nearby distilleries are preempted under the Clean Air Act (CAA). Merrick v. Brown-Forman Corp., No. 2013-CA-002048-MR (Ky. Ct. App., decided November 14, 2014). A federal court considering similar issues…

  • Navajo Nation Council Approves “Junk” Food Tax

    In a 10-4 vote, the Navajo Nation Council has approved a tax on “junk” foods sold on the largest reservation in the United States. If President Ben Shelly signs the measure into law, the Healthy Dine Nation Act of 2014 would apply to items like cookies, chips and soft drinks, and the revenue generated would…

  • CSPI Seeks Disclosure of Sesame Seeds on Food Labels

    The Center for Science in the Public Interest (CSPI) has filed a citizen petition with the U.S. Food and Drug Administration (FDA) seeking a rule that would require sesame seeds and sesame products to be disclosed on food labels in the same way that allergens, such as milk, eggs, fish, shellfish, tree nuts, peanuts, wheat,…

  • U.S. Codex Delegates Schedule Meeting to Discuss Standards for Fats and Oils

    The U.S. Department of Agriculture’s Office of the Under Secretary for Food Safety and the Food and Drug Administration’s Center for Food Safety and Applied Nutrition have announced a January 13, 2015, public meeting in College Park, Maryland, to discuss draft U.S. positions for consideration during the 24th Session of the Codex Committee on Fats…