Food & Beverage Litigation & Regulatory Update

Category: Issue 615

  • FDA Extends Comment Periods for Draft Industry Guidance on Salt Reduction

    The U.S. Food and Drug Administration (FDA) has extended the public comment periods for draft guidance “that provides practical, voluntary sodium reduction targets for the food industry.”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…

  • Palm Oil Targeted by Consumer Watchdog’s Viral Video

    Timed to coincide with PepsiCo’s limited reintroduction of Crystal Pepsi soft drinks, SumOfUs has launched a viral video campaign to draw attention to its allegations against the palm-oil industry. The video—which spoofs PepsiCo’s 1992 Super Bowl spot—has garnered media attention as well as more than 875,000 views on YouTube. In particular, SumOfUs reportedly claims that…

  • AHA Issues Scientific Statement Linking Added Sugars to Cardiovascular Disease in Children

    The American Heart Association (AHA) has issued a scientific statement allegedly linking added sugar consumption “at levels far below current consumption levels” to cardiovascular disease risk factors in children. Published in the August 22, 2016, issue of Circulation, the statement recommends that children consume less than 25 grams (100 calories or approximately six teaspoons) of…

  • Lawsuits Allege Scallops Caused Hepatitis Outbreak in Hawaii

    Two consumers have filed lawsuits against Genki Sushi, Koha Foods and Sea Port Products Corp. alleging they distributed contaminated scallops linked to as many as 206 infections of Hepatitis A. Mauk v. Genki Sushi USA Inc., No. 16-1-1573-08 (Haw. Cir. Ct., filed August 16, 2016); Cuelho v. Genki Sushi USA Inc., No. 16-1-1612-08 (Haw. Cir.…

  • California Consumer Claims Fraud Against Maple Waffle Company

    A consumer has filed a putative class action alleging that EN-R-G Foods’ Honey Stinger Gluten Free Organic Maple Waffles do not contain maple syrup as implied by the product’s name and packaging. Johnson v. EN-R-G Foods, No. 6258 (C.D. Cal., filed August 19, 2016). The waffle package features “a prominent image of a maple leaf…

  • Izze Drinks Mislead with Preservative-Free and Dietary Guidelines Claims, Consumer Alleges

    A consumer has filed a purported class action against PepsiCo and subsidiary Izze Beverage Co. alleging Izze carbonated juice drinks are misleadingly marketed as containing “no preservatives” despite the presence of citric or ascorbic acid. Lindberg v. PepsiCo Inc., No. 16-6569 (S.D.N.Y., filed August 19, 2016). The complaint also challenges Izze’s claim that each bottle…

  • Coffee Co. Faces Slack-Fill Putative Class Action

    A consumer has filed a putative class action against Eight O’Clock Coffee, a subsidiary of Tata Global Beverages, alleging the company sells varieties of coffee in identical bags but fills them to different levels, amounting to impermissible slack-fill. Sorgenti v. Eight O’Clock Coffee Co., No. 16-6295 (S.D.N.Y., filed August 9, 2016). The complaint compares Eight…

  • Probiotic Yogurt Drink Suit Dismissed at Plaintiff’s Request

    A California federal court has dismissed a lawsuit against Yakult USA at the request of the plaintiff following two denials of class certification and standing for an injunction. Torrent v. Yakult USA Inc., No. 15-0124 (C.D. Cal., S. Div., order entered August 23, 2016). Yakult argued that the court should refuse to grant the dismissal…