Food & Beverage Litigation & Regulatory Update

Category: Issue 632

  • Eighth Circuit Upholds Convictions in Halal Mislabeling Scheme

    The U.S. Court of Appeals for the Eighth Circuit has upheld the convictions of Midamar Corp., founder William Aossey and his son Jalel Aossey, perpetrators of a scheme to falsely label meat as halal. U.S. v. Aossey, Nos. 16­1611, 16­1688, 16­1761 (8th Cir., order entered April 14, 2017). The court rejected the defendants’ arguments that…

  • “Technically Correct” Labels Can Be Misleading

    The Ninth Circuit has reversed the dismissal of a putative class action alleging that Gerber’s baby food labels misled consumers about the nutritional value of its baby foods despite being “technically correct.” Bruton v. Gerber Prods. Co., No. 15­15174 (9th Cir., order entered April 19, 2017). The plaintiff argued that the presence of impermissible nutrient…

  • Court Dismisses “No Preservatives Added” Claims Against Herr Foods

    A Pennsylvania federal court has dismissed without prejudice a consumer lawsuit alleging Herr Foods Inc. labels its snack products as free from added preservatives despite containing citric acid. Hu v. Herr Foods, Inc., No. 16­5037 (E.D. Pa., order entered April 24, 2017). Additional information on the complaint appears in Issue 609 of this Update. Herr…

  • Wisconsin Butter Ban Violates Constitutional Rights, Lawsuit Alleges

    An Ohio company has filed a lawsuit alleging Wisconsin’s ban on sales of ungraded butter violates the Commerce Clause, due process, equal protection and free speech. Minerva Dairy, Inc. v. Brancel, No. 17­299 (W.D. Wis., filed April 20, 2017). In early 2017, Wisconsin began enforcing a 1954 law requiring all butter sold in the state…

  • Court Denies Environmental Groups’ Intervention in Seafood Traceability Case

    A federal court has ruled that three environmental groups lack standing to intervene in a lawsuit to block implementation of the Seafood Import Monitoring Program. Alfa Int’l Seafood v. Ross, No. 17­0031 (D.D.C., order entered April 17, 2017). The court held that the Natural Resources Defense Council, Oceana and the Center for Biological Diversity failed…

  • NAD Recommends Changes to Beech-Nut Baby Food Ads

    After reviewing a challenge by the maker of Gerber baby foods, the National Advertising Division (NAD) has recommended that Beech-­Nut Nutrition discontinue several advertising claims but rejected complaints that Beech-­Nut’s ads implied its baby foods are fresh. NAD warned Beech­-Nut against use of the term “coldpuree” unless it “conspicuously” explains that foods are cooked after…

  • WTO Rules Against U.S. in Tuna Controversy, Awards Mexico $163 Million

    The World Trade Organization (WTO) has held that Mexico can impose $163 million in trade sanctions against the United States for enacting tougher “dolphin­-safe” requirements on fish caught in a part of the Pacific Ocean used primarily by Mexican fishers. The decades­-long dispute began when international conservation efforts pressured countries to protect dolphins, which commonly…

  • U.S.-Canada Trade Dispute Centers on Milk

    President Donald Trump has indicated that he will attempt to renegotiate the North American Free Trade Agreement after making several negative comments about Canada’s dairy pricing. The dispute centers on ultra-filtered milk, a product used in the production of cheese that U.S. dairy farmers previously sold to Canadian companies. After Canadian dairy farmers in Ontario…