Food & Beverage Litigation & Regulatory Update

Category: Issue 571

  • Proposed “All Natural” Class Action Targets Pepsi’s Pure Leaf® Iced Tea

    A consumer has filed a putative class action against Unilever U.S., PepsiCo and the Pepsi Lipton Tea Partnership alleging that their line of Pure Leaf® Iced Teas are misleadingly labeled as “All Natural” and preservative-free because they contain citric acid, a synthetic ingredient. Ren v. Unilever U.S., Inc., No. 156463/2015 (N.Y. Sup. Ct., filed June…

  • Safeway Recall Notification Putative Class Action Paused During Search for New Plaintiffs

    Finding a lack of standing, a California federal court has dismissed the named plaintiffs of a putative class action against Safeway alleging that the company should have notified customers who purchased dangerous products through information gathered from its loyalty-card program. Hensley-Maclean v. Safeway, Inc., No. 11-1230 (N.D. Cal., order entered June 29, 2015). Details about…

  • Federal Court Invalidates Maui’s Ban on GMOs

    A Hawaii federal court has ruled that a Maui ban on genetically modified organisms (GMOs) is preempted by the Plant Protection Act and therefore invalid. Robert Ito Farm, Inc. v. Cty. of Maui, No. 14-0582 (D. Haw., order entered June 30, 2015). The decision begins with an introduction clarifying that the court recognizes the importance…

  • Vodka Maker to Appeal ASA Ad Ban

    Diageo Great Britain Ltd. reportedly plans to appeal the U.K. Advertising Standards Authority’s (ASA’s) decision to ban a Smirnoff ® advertisement for allegedly violating the marketing rules for social responsibility in alcohol marketing. Upholding its own complaint, which claimed that the ad in question linked social success to alcohol consumption, ASA found that “the ad’s…

  • FDA Issues Supplement to 2013 Food Code

    The U.S. Food and Drug Administration (FDA) has published modifications to the 2013 Food Code based on recommendations made by industry, regulators and other stakeholders during the 2014 Biennial Meeting of the Conference for Food Protection. The Food Code and its Supplement offer the federal agency’s best advice for minimizing the risk of foodborne illness…

  • FDA Extends Compliance Date for Calorie-Disclosure Labeling Rule

    Citing stakeholder concerns over insufficient time to achieve appropriate implementation, the U.S. Food and Drug Administration (FDA) has extended by one year the compliance date for its controversial menu-labeling rule from December 1, 2015, until December 1, 2016. The new requirements apply to restaurants and similar retail food establishments with more than 20 locations, as well…