Category: Issue 612
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Report Claims Alcohol Consumption Causes Cancer
Taking issue with language that only loosely links alcohol consumption to increased cancer incidence, an article in the July 2016 issue of Addiction suggests that 5.8 percent of all cancer deaths worldwide are caused by alcohol-attributable cancers of the oropharynx, larynx, esophagus, liver, colon, rectum, and female breast. Jennie Connor, “Alcohol consumption as a cause…
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Bud Light “Caucus” Super Bowl Ad Not Lewd, Beer Institute Review Finds
Following a consumer complaint, the Beer Institute has reviewed Anheuser-Busch Companies, LLC’s Super Bowl ad featuring comedians Seth Rogen and Amy Schumer discussing the “biggest caucus in the country” and determined the ad does not violate the industry group’s marketing standards. Under the standards, “advertising and marketing materials should not contain languages or images that…
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Illinois Lawsuit Claims Contaminated Feed Killed Horses
Two horse owners have filed a lawsuit against Archer Daniels MidlandCo. alleging feed produced by its subsidiary, ADM Alliance Nutrition, was contaminated with monensin, a cattle-feed additive poisonous to horses. Berarov v. Archer Daniels Midland Co., No. 16-7355 (N.D. Ill., filed July19, 2016). The plaintiffs argue that ADM knowingly manufactured cattle feed containing monensin in the…
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Olive Oil False Ad Class Certified
A California federal court has granted certification to a class of consumers alleging that Salov North America Corp., maker of Filippo Berio olive oil, misleads consumers by labeling its oil as “Imported from Italy” even though most of the oil is produced in Tunisia, Greece and Spain. Kumar v. Salov N. Am. Corp., No. 14-2411…
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Wendy’s Data Breach Class Action Dismissed
A Florida federal court has dismissed a putative class action against The Wendy’s Co. alleging the company failed to adequately secure its customers’ financial information but granted the plaintiff leave to amend. Torres v. Wendy’s Co., No. 16-0210 (M.D. Fla., order entered July 15, 2016). The court found that while the plaintiff’s financial information had been…
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Ninth Circuit Revives “Pucker” Trademark Dispute
The Ninth Circuit Court of Appeals has reversed a lower court’s grant of summary judgment in favor of Jim Beam Brands Co. in a lawsuit alleging the company infringes JL Beverage’s Johnny Love Vodka® trademarked logo, an image of puckered lips. JL Beverage Co. v. Jim Beam Brands Co., No. 13-17382 (9th Cir., order entered…
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OEHHA Proposes Extension of Emergency Measure Governing BPA Disclosure
The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed initiating a regular rulemaking process to extend until December 30, 2017, an emergency measure that allows retailers to use standard point-of-sale warning messages for bisphenol A (BPA) exposures from canned and bottled foods and beverages. Under Proposition 65 (Prop. 65) regulations,…
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UK Advertising Watchdog Censures Special K® General Health Claims
The U.K. Advertising Standards Authority (ASA) has upheld two complaints alleging that advertisements touting Kellogg Co.’s Special K® products as “full of goodness” and “nutritious” violated broadcast (BCAP) and non-broadcast (CAP) advertising codes for food, food supplements and associated health claims. The complaints targeted a TV ad for Special K® porridge that included supported health…