Food & Beverage Litigation & Regulatory Update

Category: Issue 603

  • U.S. Food System’s Impact on Public Health Focus of Georgetown Law Event

    Government agency leaders, industry representatives, academics and public health advocates will gather in Washington, D.C., on June 3 for “Vote Food 2016: Better Food, Better Health.” Organized by the O’Neill Institute for National and Global Health Law at the Georgetown University Law Center, event sessions will target the next president’s food agenda, antibiotic resistance in…

  • Pickled Cucumbers with Citric Acid Are Not Preservative-Free, Lawsuit Alleges

    A consumer has filed a putative class action against Kimlan Foods U.S.A. alleging the company misrepresents its jarred preserved-food products as having “No Preservatives Added” despite containing citric acid. Hu v. Golden Orchid, Ltd., No. 16-2234 (E.D.N.Y., filed May 4, 2016). The plaintiff purchased a 14-ounce jar of pickled cucumbers at a supermarket in New…

  • Proposed Class Action Targets Glyphosate in Quaker Oats as Potential Carcinogen

    A consumer has filed a putative class action against The Quaker Oats Co. alleging the company falsely advertises its oatmeal products as “100% natural” because it contains the herbicide glyphosate. Cooper v. Quaker Oats Co., No. 16-2364 (N.D. Cal., San Francisco Div., filed April 29, 2016). The plaintiff argues the cancer-research arm of the World…

  • PETA Suit Against Whole Foods Dismissed

    A California federal court has dismissed a lawsuit brought by People for the Ethical Treatment of Animals (PETA) alleging Whole Foods Market Inc. misrepresents its meat products as humanely slaughtered with its Global Animal Partnership (GAP) 5-Step® Rating System. PETA v. Whole Foods Mkt. Cal., Inc., No. 15-4301 (N.D. Cal., order entered April 26, 2016). Details…

  • Dole Facing Government Investigations over Listeria Outbreak

    Following a Listeria outbreak allegedly linked to a Dole Food Co. salad manufacturing plant, the company is reportedly facing investigations by the U.S. Department of Justice (DOJ) and Food and Drug Administration (FDA). Several media outlets have reported that an FDA investigation obtained through a Freedom of Information Act request found Dole knew of nine…

  • SCOTUS Denies Cert. in POM Wonderful Health Claims Case

    The U.S. Supreme Court has denied certiorari in a Federal Trade Commission (FTC) lawsuit against POM Wonderful LLC and Roll Global LLC alleging the companies made false or misleading health claims about their pomegranate-derived products. POM Wonderful LLC v. FTC, No. 15-525 (U.S., certiorari denied May 2, 2016). The U.S. Court of Appeals for the…

  • EFSA Warns of Glycerol-Based Contaminants in Vegetable Oils

    The European Food Safety Authority’s (EFSA’s) Panel on Contaminants in the Food Chain (CONTAM) has issued a scientific opinion assessing the human health risks of free and esterified 3- and 2-monochloropropane-1, 2-diol (MCPD) and glycidyl esters (GE) in food. According to CONTAM, which considered 7,175 occurrence data, “esters of 3- and 2-MCPD and glycidyl esters…

  • FDA Survey Finds Nine in 10 Consumers Rely on Food Labeling Claims

    The U.S. Food and Drug Administration’s (FDA’s) Center for Food Safety and Applied Nutrition has published a report finding that 77 percent of surveyed adults use the Nutrition Facts label at least some of the time when buying a food product. Intended to help the agency regulate food and dietary supplement labeling, the 11th edition…