Category: Issue 615
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Abbott Labs Organic Formula Claims Preempted, Court Holds
A New York federal court has dismissed a lawsuit against Abbott Laboratories Inc. alleging the company’s Similac® Advance® infant formula is sold as organic but contains ingredients impermissible in organic foods under U.S. Department of Agriculture (USDA) regulations, finding the claims preempted by the Organic Foods Production Act of 1990 (OPFA). Marentette v. Abbott Labs., No.…
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Nature’s Way “Healthy” Coconut Oil Dispute to Continue
A California federal court has refused to dismiss a consumer’s putative class action alleging Nature’s Way misrepresents its coconut oil as a healthy alternative to butter, margarine and other cooking oils despite containing higher levels of saturated fat. Hunter v. Nature’s Way Products, No. 16-0532 (S.D. Cal., order entered August 12, 2016). The court dismissed…
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ECJ Suits Proceed Following FDA Guidance
Two lawsuits challenging the inclusion of “evaporated cane juice” (ECJ) on ingredient lists will continue in light of the U.S. Food and Drug Administration’s (FDA) July 2016 nonbinding guidance recommending that “sugar” be listed instead. A California federal court refused to dismiss a lawsuit against Lifeway Foods alleging its kefir product packaging misled consumers into…
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WTO Rules Against Russia in EU Pork Ban
The World Trade Organization (WTO) has ruled in favor of the European Union in a dispute over Russia’s 2014 ban on the import of live pigs, fresh pork and other pig products following cases of African Swine Fever in some EU regions. The ban violated WTO rules on restricting trade based on sanitary and phytosanitary…
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UK Exchequer Issues Details on Soft Drink Levy, Childhood Obesity Action Plan
Her Majesty’s Treasury (HM Treasury) has released the details of a proposed soft-drink levy announced during March 2016 budget talks as part of the U.K. government’s childhood obesity action plan. Slated to take effect in April 2018, the Soft Drinks Industry Levy (SDIL) would affect the manufacturers of added-sugar soft drinks “with total sugar content of 5…