Food & Beverage Litigation & Regulatory Update

Category: Issue 606

  • Prenatal BPA Exposure Allegedly Linked to Childhood Adiposity

    A study allegedly linking prenatal bisphenol A (BPA) exposure to increased fat mass index (FMI) in children has suggested that the common plasticizer “contribute[s] to developmental origins of adiposity.” Lori A. Hoepner, et al., “Bisphenol A and Adiposity in an Inner-City Birth  Cohort,” Environmental Health Perspectives, May 2016. Using data from 369 mother-child pairs enrolled in…

  • CSPI Sues FDA for Inaction on Shellfish Regulation

    The Center for Science in the Public Interest (CSPI) has filed a lawsuit seeking to compel the U.S. Food and Drug Administration (FDA) to act on the organization’s 2012 citizen petition seeking establishment of a performance standard for controlling Vibrio vulnificus, bacteria responsible for several deaths related to seafood consumption. Ctr. for Sci. in Pub.…

  • Second Putative Class Action Targets Quaker Oats’ Glyphosate Use

    A consumer has filed a putative class action against The Quaker Oats Co. alleging the company misrepresents its oatmeal products as natural and “eco-friendly” despite containing glyphosate, “a potent herbicide that last year was declared a probable human carcinogen by the cancer research arm of the World Health Organization.” Wheeler v. Quaker Oats Co., No.…

  • California Court Certifies Olive Oil Source, “Extra Virgin” Grade Mislabeling Suit

    A California state court has certified a class challenging the source and grade of Safeway Inc.’s olive-oil products, which are labeled as “extra virgin” and “Imported from Italy” despite being manufactured from olives grown and pressed outside that country. Kumar v. Safeway Inc., No. RG14726707 (Cal. Super. Ct., Alameda Cty., order entered May 24, 2016).…

  • New York Court Vacates Stay on Salt-Labeling Menu Rule

    A New York appeals court has reportedly vacated a February 2016 order that stayed enforcement of New York City’s regulation requiring chain restaurants with more than 15 locations to post warning icons on menus next to items with more than 2,300 milligrams of sodium. The ruling allows enforcement to begin on June 6, 2016, with…

  • Parmesan Product Cases Consolidated

    The U.S. Judicial Panel on Multidistrict Litigation has consolidated several putative class actions against a number of companies alleging they labeled their grated-parmesan products as “100% Parmesan” despite containing cellulose. In re 100% Grated Parmesan Cheese Mktg. & Sales Practices Litig., MDL No. 2705 (J.P.M.L., transfer order entered June 2, 2016). The consolidated cases include…

  • “Anti-Aging” Gin Discontinued After Ad Board Inquiry

    Bompas & Parr has reportedly discontinued its “Anti-AGin Gin” after the National Advertising Division requested substantiation for claims that the product was “the alcoholic equivalent of a facial.” The company claimed the product “rejuvenates the skin while you drink” and was meant “for people who want to stay young but don’t want to give up…

  • FDA Drafts Industry Guidance for Salt Reduction

    The U.S. Food and Drug Administration (FDA) has published draft guidance “that provides practical, voluntary sodium reduction targets for the food industry.” Titled ‘‘Voluntary Sodium Reduction Goals: Target Mean and Upper Bound Concentrations for Sodium in Commercially Processed, Packaged, and Prepared Foods,” the guidance sets short- and long-term sodium targets for the following food categories:…