Food & Beverage Litigation & Regulatory Update

Category: Issue 595

  • Court Rejects Settlement Terms in Underfilled Tuna Can Suit

    A California federal court has rejected a May 2015 settlement agreement reached by StarKist Co. and a class of consumers who alleged the company underfilled its cans of tuna. Hendricks v. StarKist Co., No. 13-0729 (N.D. Cal., order entered February 19, 2016). The court identified two issues with the settlement: (i) the notice sent to…

  • DOJ Closes Maine Seafood Company for Unsanitary Conditions

    A Maine federal court has granted the U.S. Department of Justice (DOJ) a permanent injunction against Mill Stream Corp., a seafood company that allegedly failed to take measures preventing the formation and growth of Clostridium botulinum, the cause of botulism, or Listeria monocytogenes, the cause of listeriosis. U.S. v. Mill Stream Corp., No. 16-0080 (D. Me.,…

  • Ninth Circuit Affirms Invalidation of California Slack-Fill Law as Applied to Meat and Poultry Products

    The Ninth Circuit Court of Appeals has affirmed a lower court’s decision that California cannot enforce its statute regulating the empty space between a product and its packaging against producers of meat and poultry products, finding that the Federal Meat Inspection Act (FMIA) and the Poultry Products Inspection Act (PPIA) preempt the statute. Del Real…

  • USDA Renews Approvals for Seven Substances Used in Organic Production and Handling

    The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service has completed the 2016 sunset process for five synthetic and two non-synthetic (natural) substances on the National List of Allowed and Prohibited Substances that governs the use of synthetic and nonsynthetic substances in organic production, processing and handling. Per the National Organic Standards Board’s recommendations, AMS…

  • New Data Eases Concerns over Arsenic Content of California Wine

    Refuting earlier claims that California wines allegedly contain “dangerously high” levels of arsenic, a new study has concluded that inorganic arsenic in blush, white and red California wines “does not represent a health risk for consumers.” Dennis Paustenbach, et al., “Analysis of Total Arsenic Content in California Wines and Comparison to Various Health Risk Criteria,”…

  • CDC Issues Latest Numbers on SSB Consumption

    The Centers for Disease Control and Prevention (CDC) has released the latest statistics on sugar-sweetened beverage (SSB) consumption in 23 states and the District of Columbia, concluding that, in 2013, approximately 30 percent of surveyed adults reported drinking at least one SSB per day. Sohyun Park, et al., “Prevalence of Sugar-Sweetened Beverage Intake Among Adults—23…

  • Hamburg Imposes Coffee-Pod Ban in City Government Facilities

    Citing environmental concerns, the German city of Hamburg has reportedly banned the use of coffee pods in government buildings. Hamburg’s Guide to Green Procurement reportedly states that coffee pods cause “unnecessary resource consumption and waste generation, and often contain polluting aluminum.” “It’s 6 grams of coffee in 3 grams of packaging,” a Hamburg Department of…

  • Wendy’s Data Breach Was Preventable, Proposed Class Action Argues

    A consumer has filed a putative class action against The Wendy’s Co. alleging a failure to sufficiently secure customer payment card data. Torres v. Wendy’s Co., No. 16-0210 (M.D. Fla., filed February 8, 2016). Wendy’s announced in late January 2016 that it had discovered in its processing systems a software program designed to steal credit and…