Category: Issue 565
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RWJF Study: Industry Takes “Baby Steps” in Curtailing Food Marketing to Children
A study funded by the Robert Wood Johnson Foundation’s Healthy Eating Research Program claims that a decrease in TV food advertisements directed to children is “likely related to a shift in marketing tactics” as advertisers “migrate to new media such as Internet-based advergames and social media.” Dale Kunkel, et al., “Evaluating Industry Self-Regulation of Food Marketing…
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Big Red Takes on Big Ben in Red Cream Soda Trademark Dispute
Big Red, Inc., a beverage company owned by Dr Pepper Snapple Group Inc., has filed a trademark infringement lawsuit against Catawissa Bottling Co., alleging that the company packages its Big Ben cream soda too similarly to Big Red’s red cream soda product. Big Red, Inc. v. Catawissa Bottling Co., Inc., No. 15-1423 (N.D. Tex., filed…
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CSPI Threatens Litigation Against Plum Organics and Gerber over Allegedly Deceptive Trade Practices
The Center for Science in the Public Interest (CSPI) has threatened to bring lawsuits against Plum Organics and Gerber Products Co. for allegedly deceptive trade practices in the marketing and labeling of their food products for babies and toddlers. In its May 11, 2015, letter addressed to Gerber and its parent company Nestlé S.A., CSPI…
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Wisconsin Manufacturer Receives Jail Sentence and $750,000 Fine over Tainted Cheese
An Illinois federal court has sentenced the former president of a Wisconsin cheese company to five days in jail, one year of probation and a $750,000 fine for lying to U.S. Food and Drug Administration inspectors about Queso Cincho de Guerrero cheese imported from Mexico and tainted with E. coli and Salmonella. U.S. v. Zurita,…
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Czech Dairy Spread Is Not “Butter,” EU Court Says
The General Court of the European Union has upheld a ruling that pomazánkové máslo, a product primarily marketed in the Czech Republic, cannot be labeled as “butter” under the single common market organization (CMO) regulation. Czech Republic v. European Commission, No. T-51/14 (Gen. Ct., order entered May 12, 2015). The product, a spread used in…
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Court Dismisses Natural Claims Against Nature’s Own® Wheat Bread
A California federal court has dismissed the claims in a putative class action alleging that Flowers Bakeries misrepresents its Nature’s Own® bread as natural, healthy and wholesome despite containing synthetic ingredients, including azodicarbonamide, the “yoga mat chemical.” Romero v. Flowers Bakeries, No. 14-5189 (N.D. Cal., San Jose Div., order entered May 6, 2015). The plaintiffs…
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OFPA Does Not Preempt Putative Class Challenge to “Organic” Labels, Court Finds
A New York federal court has granted in part and denied in part a motion to dismiss a lawsuit alleging that Hain Celestial’s Earth’s Best® food and body-care products are deceivingly labeled as “organic,” finding that the Organic Foods Production Act (OFPA) does not preempt the plaintiffs’ claims. Segedie v. Hain Celestial Grp., No. 14-5029…
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California Assembly Committee Rejects Proposed Tax on Sweetened Beverages
A proposed bill (A.B. 1357) that would have imposed a 2-cent per ounce tax on soft drinks, sweet teas, energy and sports drinks has failed to pass the California Assembly Health Committee by a vote of 10-6. “I am disappointed that the committee failed to act today on one of the biggest health crises facing…