Food & Beverage Litigation & Regulatory Update

Category: Issue 594

  • Lawsuit Challenges Use of Trans Fat in Kellogg’s Mother’s Cookies®

    A consumer has filed a putative class action against Kellogg Co. alleging the company produces Mother’s Cookies® with partially hydrogenated oil (PHO), which contains trans fat, in violation of the U.S. Food and Drug Administration’s (FDA’s) ban on the ingredient. Hawkins v. Kellogg Co., No. 16-0147 (S.D. Cal., filed January 21, 2016). The plaintiff asserts…

  • Advertising Group Files Amicus Brief in San Francisco Sugar-Sweetened Beverage Case

    The Association of National Advertisers, Inc. (ANA) has filed an amicus brief in a case challenging San Francisco’s health code provisions requiring advertisements on sugar-sweetened beverages (SSBs) notifying the public of alleged health risks associated with SSB consumption. Am. Beverage Ass’n v. City of San Francisco, No. 15-3415 (N.D. Cal., amicus brief filed January 22, 2016). The…

  • Cheese Company Pleads Guilty to Food Adulteration Charge, FDA Vows Continued Collaboration with DOJ on Food Safety

    A Delaware cheese company and two individual defendants have pled guilty to a misdemeanor violation of the federal Food, Drug, and Cosmetic Act for distributing adulterated ricotta, queso fresco and fresh cheese curds in several neighboring states. U.S. v. Roos Foods, Inc., No. 16-0013 (D. Del., information filed January 22, 2016). Roos’ cheese was connected…

  • EFSA Seeks Input on Exposure Assessments for Food Enzymes

    The European Food Safety Authority’s (EFSA’s) Panel on Food Contact Materials, Enzymes, Flavorings and Processing Aids (CEF) has announced a public consultation on its draft statement on exposure assessment of food enzymes. Recognizing the difficulty in applying current exposure assessment guidelines to food enzymes, which are added during processing of food and food ingredients, the…

  • Cal/EPA Solicits Info About Nickel, PFOA and PFOS for Potential Listing Under Prop. 65

    The California Environmental Protection Agency’s (Cal/EPA’s) Office of Environmental Health Hazard Assessment (OEHHA) has announced the development of hazard identification materials for nickel and nickel compounds, perfluorooctanoic acid (PFOA) and its salts, and pefluorooctane sulfonate (PFOS) and its salts to assist in the agency’s consideration of the chemicals for possible listing under the Safe Drinking Water…

  • U.S. Codex Delegates Schedule Food Contaminants Meeting

    The U.S. Department of Agriculture’s Office of the Under Secretary for Food Safety and U.S. Food and Drug Administration are convening a March 7, 2016, public meeting in College Park, Maryland, to evaluate draft positions for consideration at the 10th Session of the Codex Committee on Contaminants in Food slated for April 4-8 in Rotterdam,…

  • Connecticut Senator Poised to Introduce Date-Labeling Legislation

    Citing annual costs of $1,500 in wasted food to the average American family, and a “dizzying array of misleading labels,” U.S. Sen. Dick Blumenthal (D-Conn.) is reportedly poised to introduce a proposal that would establish uniform national standards for food dating. “Terms like ‘best by,’ ‘sell by’ and ‘use by’ have no bearing on food…

  • Maple Syrup Industry Taps FDA for Action on Allegedly Misbranded Products

    Led by the Vermont Maple Sugar Makers’ Association (VMSMA), the maple syrup industry has penned a February 15, 2016, letter asking the U.S. Food and Drug Administration (FDA) to take enforcement action “concerning misrepresentative labeling of food products whose labels incorrectly indicate the presence of maple syrup.” The signatories—which include the International Maple Syrup Institute…