Category: Issue 584
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Fruit and Vegetable Photos Not Misleading to Reasonable Consumer, Court Holds
A California federal court has dismissed a proposed class action against Plum Organics alleging that large photos of fruits and vegetables on the company’s Mighty 4® Children’s Food product packaging mislead consumers into believing the products contain significant amounts of those fruits and vegetables. Workman v. Plum Inc., No. 15-2568 (N.D. Cal., filed November 2,…
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Sales Data Deemed Inadmissible Hearsay in Gerber Litigation
A California federal court has remanded a putative class action against Gerber Products Co. on the labeling of its Gerber® Graduates® Puffs to state court and declined to admit sales data into evidence on hearsay grounds. Gyorke-Takatri v. Nestle USA, Inc., No. 15-3702 (N.D. Cal., order entered November 6, 2015). The plaintiffs allege Gerber misleads…
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N.Y. Lawmaker Takes Aim at Caffeinated Food Products
U.S. Sen. Chuck Schumer (D-N.Y.) is urging the U.S. Food and Drug Administration (FDA) to investigate the increased availability of caffeinated foods in light of a new peanut butter product containing 150 mg of caffeine per 2-tablespoon serving. “The FDA should take immediate action and investigate whether this caffeine product should be pulled from shelves,”…
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FDA Seeks Info and Comments About Use of the Term “Natural”
Citing citizen petition and federal court requests for the agency to define “natural” for use in food labeling and determine if food products containing genetically engineered ingredients and high-fructose corn syrup may be labeled as “natural,” the U.S. Food and Drug Administration (FDA) is soliciting information and comments about use of the term in the…
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FDA Releases FSMA Final Rules on Produce Safety, Foreign Supplier Verification Programs and Accredited Third-Party Certification
The U.S. Food and Drug Administration (FDA) has filed three final rules under the Food Safety Modernization Act (FSMA) on produce safety, foreign supplier verification programs (FSVPs) and accredited third-party certification, all slated for publication in the November 27, 2015, edition of the Federal Register. The agency will also hold a webinar series to discuss…
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Microscopic Plastics Reportedly Detected in Table Salt
A study examining table salts sold in China has purportedly found that many brands contain microscopic plastic particles such as polyethylene terephthalate, polyethylene and cellophane. Dongqi Yang, et al., “Microplastic Pollution in Table Salts from China,” Environmental Science & Technology, October 2015. Relying on samples obtained from Chinese supermarkets, researchers report that microplastic content was…
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Italian Police Investigate Alleged Olive Oil Fraud
Police in Turin, Italy, are reportedly investigating seven companies, including Bertolli, Carapelli and Santa Sabina—for allegedly selling “Extra Virgin” olive oils (EVOOs) that fail to meet EU standards to be labeled as such. The investigation was reportedly launched after consumer magazine Il Test notified the police of its taste-test results. The police then hired the…
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Proposed Class Action Against Safeway Challenges Slack Fill in Tuna Cans
A California consumer has filed a putative class action against Safeway Inc. alleging the grocery retailer’s tuna cans are under-filled by 10 to 20 percent based on federally mandated fill standards. Soto v. Safeway Inc., No. 15-5078 (N.D. Cal., filed November 5, 2015). The plaintiff contends that U.S. National Oceanic and Atmospheric Administration (NOAA) testing…