Category: Issue 590
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Tito’s False Ad Suit to Continue
A New York federal court has denied Fifth Generation, Inc.’s motion to dismiss a lawsuit arguing that its Tito’s Handmade Vodka® is falsely advertised as handmade because machines are used in the process of manufacturing the product. Singleton v. Fifth Generation, Inc., No. 15-0474 (N.D.N.Y., order entered January 12, 2016). The court rejected the company’s claim that its…
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Olive Oil Class Voluntarily Dismisses “Extra Virgin” Claims to Pursue “Made in Italy” False Ad Allegations
A California federal court has allowed plaintiffs in a false advertising putative class action to dismiss their claims of fraud based on the “extra virgin” quality of Filippo Berio olive oil in favor of pursuing their allegations that the products are falsely labeled as “made in Italy.” Kumar v. Salov N. Am. Corp., No. 14-2411…
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EFSA Backs Safety of UV-Treated Milk
Responding to a novel food application submitted pursuant to Regulation (EC) No 258/97, the European Food Safety Authority’s (EFSA’s) Panel on Dietetic Products, Nutrition and Allergies (NDA) has verified the safety of cow’s milk treated with ultraviolet (UV) radiation to extend its shelf life. According to the NDA, the UV treatment increased the milk’s D3…
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UK Chief Medical Officers Publish Strict New Guidelines for Alcohol Consumption
The U.K. Chief Medical Officers have advised consumers to drink less than 6 pints of beer per week under new guidelines for alcoholic beverage intake. Revising previous standards that set weekly limits at 21 units of alcohol for men and 14 units for women, the updated recommendations urge all consumers to imbibe fewer than 14…
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Baltimore Considers SSB Health Warnings
Baltimore City Councilman Nick Mosby (D) has introduced legislation that would require health warnings for sugar-sweetened beverages (SSBs) in certain advertisements, menus, menu boards and point-of-sale signage. “The beverage industry specifically targets youth and communities of color with its marketing efforts, spending $395 million in marketing directed at youth and $28.6 million on marketing campaigns…
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U.S. Codex Delegates Schedule Food Additives Meeting
The U.S. Department of Agriculture’s Office of the Under Secretary for Food Safety and the U.S. Food and Drug Administration are convening a February 16, 2016, public meeting in College Park, Maryland, to discuss draft U.S. positions for consideration at the 48th Session of the Codex Committee on Food Additives (CCFA) in Xi’an, China, on…
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USDA Issues Final Guidance on Post-Harvest Handling of Organic Products
The National Organic Program has issued final guidance for accredited certifying agents and certified and exempt organic operations to clarify federal regulations about substances used in the post-harvest washing, packing and storage of organic products. The document specifically addresses: “(1) What substances may be used for post-harvest handling; (2) the difference between ‘post-harvest handling of…
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Category Liability Doctrine Bars Certain Design Defect Claims, Schwartz and Silverman Explain
In the law of product liability, lawyers representing manufacturers have underutilized the broad prohibition on “category liability.” Shook Public Policy Partners Victor Schwartz and Cary Silverman explain this doctrine and show how a Mississippi trial court judge applied it to dismiss design defect claims against respirator manufacturers in a Bloomberg BNA Product Safety & Liability…