Food & Beverage Litigation & Regulatory Update

Category: Issue 597

  • High Glycemic Index Allegedly Linked to Increased Lung Cancer Risk

    A new study has allegedly linked a high dietary glycemic index (GI) and glycemic load—“markers of carbohydrate intake”—to an increased risk of lung cancer in non-smokers. Stephanie C. Melkonian, et al., “Glycemic Index, Glycemic Load, and Lung Cancer Risk in Non-Hispanic Whites,” Cancer Epidemiology, Biomarkers & Prevention, March 2016. Comparing data from newly diagnosed lung cancer…

  • Appeals Court Affirms Dismissal of Libel Claim Against TV Station for D’Lites Report

    A New York state appellate court has affirmed a lower court’s ruling dismissing a lawsuit against a local Fox TV station that investigated and reported on the allegedly false health claims of D’Lites ice cream in two stores. Prince v. Fox Television Stations Inc., No. 107129/2011 (N.Y. App. Div., 1st Dept., order entered March 8,…

  • Lawsuit Alleges Contaminated Dole Salad Led to Coma

    A woman has filed a lawsuit alleging Dole Fresh Vegetables, Inc. sold salad mixes contaminated with Listeria. Georgostathis v. Dole Fresh Vegetables, Inc., No. 16-0360 (S.D. Ohio, filed March 7, 2016). The woman asserts that after her mother ate the salad mix, she became infected with Listeria and felt extreme head and neck pain that…

  • Great Harvest Bread Co. Targets Panera’s Tagline as Infringing

    Great Harvest Franchising, Inc. and two franchisees of Great Harvest Bread Co. have filed a lawsuit against Panera Bread Co., alleging the company has been using a tagline—“Food as it should be”—that infringes on Great Harvest’s trademarked slogan, “Bread. The way it ought to be.” Great Harvest Franchising, Inc. v. Panera Bread Co., No. 16-0121…

  • Court Dismisses Nestlé Creamer Putative Class Action

    A California federal court has dismissed a proposed class action against Nestlé USA, Inc. alleging that its Coffee-Mate creamer products are mislabeled because they include partially hydrogenated oil (PHO), which contains trans fat, despite listing “0g Trans Fat” on its labels. Backus v. Nestlé USA, Inc., No. 15-1963 (N.D. Cal., order entered March 8, 2016).…

  • Court Denies Certification Again in Probiotic Yogurt Case

    A California federal court has again denied certification in a putative consumer class action challenging Yakult USA’s probiotic yogurt product for allegedly false digestive-health claims. Torrent v. Yakult USA, Inc., No. 15-0124 (C.D. Cal., S. Div., order entered March 7, 2016). Additional information about the previous denial of certification appears in Issue 589 of this Update.…

  • Spanish Supreme Court Rejects Champagne Industry’s Challenge to “Champín” Soft Drink

    The Supreme Court of Spain has reportedly dismissed a challenge brought by the Comité Interprofessionel Du Vin de Champagne alleging that Champín, a Spanish fruit-flavored soft drink, infringes the organization’s protected-designation-of-origin rights. The organization asserted that Champín could be confused with Champagne, which may only describe sparkling wines made in that region. The court disagreed,…

  • FDA Delays Menu Labeling Enforcement

    The U.S. Food and Drug Administration (FDA) has announced that two rules requiring calorie information to be listed on menus and menu boards in chain restaurants will not be enforced December 1, 2016, as initially planned, but will instead be delayed until one year after final guidance is issued. The announcement credits the omnibus appropriations…