Food & Beverage Litigation & Regulatory Update

Category: Issue 624

  • Counterfeiters of 5-Hour Energy Convicted

    Two people have been convicted of conspiracy in charges related to a scheme to distribute counterfeit 5-Hour Energy drinks. United States v. Shayota, No. 15-0264 (N.D. Cal., verdict entered November 28, 2016). The couple, Joseph and Adriana Shayota, produced several million bottles of a drink manufactured under unsanitary conditions and labeled the drink with 5-Hour…

  • Old Charter Bourbon Misrepresented as Aged for 8 Years, Projected Class Action Alleges

    A consumer has filed a putative class action against Buffalo Trace Distillery, Inc., Old Charter Distillery Co. and Sazerac Co. alleging the companies misrepresent Old Charter Bourbon as aged for eight years before entering the market. Parker v. Buffalo Trace Distillery, Inc., No. 16-8986 (S.D.N.Y., filed November 18, 2016). The complaint argues that Old Charter…

  • Chipotle Customers Argue Chorizo Poster Misrepresented Calorie Count

    Three consumers have filed a lawsuit against Chipotle Mexican Grill, Inc. alleging the company misrepresents the calorie counts of its food in store menus, boards and advertising. Desmond v. Chipotle Mexican Grill, Inc., No. BC640700 (Cal. Super. Ct., Los Angeles Cty., filed November 15, 2016). The complaint asserts that the defendants each relied upon a…

  • Olive Oil Industry Group Sues Dr. Oz

    The North American Olive Oil Association (NAOOA) has filed a lawsuit against Mehmet Oz of “The Dr. Oz Show” alleging he falsely told his audience in a May 2016 episode that 80 percent of olive oil sold in supermarkets is fraudulent. N. Am. Olive Oil Ass’n v. Oz, No. 283156 (Ga. Super. Ct., Fulton Cty.,…

  • CSPI Urges USDA to Label Processed Meat and Poultry Products with Cancer Warnings

    The Center for Science in the Public Interest (CSPI) has petitioned the U.S. Department of Agriculture (USDA) for “a Label on Processed Meat and Poultry Products Warning the Public that Frequent Consumption May Increase the Risk of Colorectal Cancer.” Citing the International Agency for Research on Cancer’s finding that smoked, salted and/or cured bacon, hot…