Food & Beverage Litigation & Regulatory Update

Category: Issue 586

  • Brockovich Champions GMO Labeling In Time Magazine Editorial

    Environmental activist Erin Brockovich uses the U.S. Food and Drug Administration’s (FDA’s) recent determination that genetically engineered salmon is safe for human consumption and requires no labeling as such to rally consumers into action against genetically modified organisms (GMOs) in a December 1, 2015, opinion piece in Time. “The biotech industry and the FDA have…

  • United States Criticizes WTO’s Affirmation That “Dolphin-Safe” Tuna Labels Discriminate Against Mexico

    The World Trade Organization’s (WTO’s) Appellate Body has affirmed an April 2015 ruling that U.S. tuna regulations discriminate against Mexico by requiring “dolphin-safe” labels reflecting the methods used to catch the fish that protect against capture of the mammal. In response to the appellate ruling, the United States criticized the decision as focusing on points…

  • Pepperidge Farm Asserts Trademark Infringement Against Trader Joe’s Crispy Cookies

    Pepperidge Farm, maker of Milano® cookies, has filed a trademark infringement lawsuit against Trader Joe’s Co. alleging the retailer’s Crispy Cookies emulate the shape and configuration of Milano® cookies. Pepperidge Farm, Inc. v. Trader Joe’s Co., No. 15-1774 (D. Conn., filed December 2, 2015). In addition to the similarity between the cookie products, Pepperidge Farm…

  • National Restaurant Association Sues NYC over Salt Labeling Law

    The National Restaurant Association (NRA) has petitioned a New York state court for a declaratory judgment stating that a New York City regulation requiring restaurants to post warnings on menu items high in sodium is arbitrary and capricious as applied. Nat’l Restaurant Assoc. v. New York City Dep’t of Health & Mental Hygiene, No. 654024/2015…

  • California Supreme Court Allows Challenge to “Organic” Herbs

    The California Supreme Court has held that a consumer may sue Herb Thyme Farms, Inc. alleging its herbs are improperly labeled as “organic,” dismissing the farm’s contention that the Organic Foods Production Act of 1990 blocks such claims. Quesada v. Herb Thyme Farms, Inc., No. S216305 (Cal., order entered December 3, 2015). Details about previous…

  • San Francisco Board of Supervisors Repeals SSB Ad Ban on City Property

    The San Francisco Board of Supervisors has reportedly voted to repeal an ordinance prohibiting advertisements for sugar-sweetened beverages (SSBs) on city property in light of the U.S. Supreme Court ruling in Reed v. Town of Gilbert, Ariz., that struck down a comparable initiative restricting advertising on public property. The ordinance was one of three passed…

  • NIOSH to Target Maritime Safety Issues

    The National Institute for Occupational Safety and Health (NIOSH) has launched a Center for Maritime Safety and Health Studies. The new program will reportedly coordinate research and intervention studies across the agency for this “high-risk worker population.” See NIOSH eNews, December 2015.   Issue 586

  • Kind LLC Challenges FDA’s “Healthy” Labeling Regulations

    Kind LLC has filed a citizen petition to the U.S. Food and Drug Administration (FDA) challenging regulations governing the use of “healthy” on food labeling, arguing that specific nutrient levels in a product do not dictate whether it is “healthy.” The petition asks FDA to reevaluate its nutrient content claim regulations for consistency with current…