Category: Issue 653
-
NOSB Votes to Continue Allowing Hydroponics
The National Organic Standards Board (NOSB) has reportedly voted to continue allowing food grown in water-based nutrient solutions to be labeled “organic,” rejecting a challenge brought by organic-food producers. The board will also allow aquaponics, which combine hydroponic systems with farmed fishing operations, but will prevent products grown with aeroponics—plants suspended in air with the…
-
Ninth Circuit Affirms Dismissal of Copyright Claims for Lack of Jurisdiction
A California federal court has affirmed the dismissal of copyright infringement claims for lack of personal jurisdiction, holding that “a theory of individualized targeting” will not support specific jurisdiction. Axiom Foods, Inc., v. Acerchem Int’l, Inc., No. 15-56450 (9th Cir., entered November 1, 2017). Axiom Foods, Inc., which supplies organic and “chemical-free” products to food and…
-
Cold-Pressed Juice Putative Class Action Filed Against Forager Project
Forager Project faces a putative class action alleging that its “cold-pressed” juices undergo a second, high-pressure processing, allegedly amounting to misrepresentation on the product labeling. Berger v. Forager Project, LLC, No. 17-6302 (E.D.N.Y., filed October 28, 2017) The plaintiff asserts that after the juices are cold-pressed and bottled, Forager subjects the bottles to high-pressure treatment that…
-
Study Reports Labeling Food as Snacks Increases Consumption
Researchers at the University of Surrey have evaluated the impact of “snack” labeling compared to “meal” labeling, reportedly finding that those who ate products labeled as snacks consumed “significantly more in terms of nearly all measures of food intake than those in the other conditions.” J. Ogden et al., “‘Snack’ versus ‘meal’: The impact of…
-
Sugarfina Alleges Sweitzer Infringed Candy IP
Candy company Sugarfina has filed a lawsuit alleging that Sweitzer LLC copied its “innovative, distinctive, and elegant product and packaging” as well as its “types of candy” and “protectable names.” Sugarfina, Inc. v. Sweitzer LLC, No. 17-7950 (C.D. Cal., filed October 31, 2017). Sugarfina asserts that it has approximately 140 lines of candy, presented in…
-
“Ambiguous” Consent Agreement Dooms Trademark Registration Appeal
The Trademark Trial and Appeal Board has affirmed a refusal to register microbrewery 8-Bit Aleworks’ application for a trademark despite an agreement between the company and 8bit Brewing Company specifying that 8bit did not object to the use. In re 8-Brewing LLC, No. 86760527 (T.T.A.B., entered October 30, 2017). The court found the consent agreement to be…
-
Consumers Confused By Natural, GMO and Organic Labeling
Researchers have reportedly found that consumers are unsure what “natural,” “organic” and “Non-GMO Project Verified” mean when the phrases appear on food labels. Konstantinos G. Syrengelas et al., “Is the Natural Label Misleading? Examining Consumer Preferences for Natural Beef,” Applied Economic Perspectives and Policy, October 2017; Brandon R. McFadden, et al., “Effects of the National Bioengineered Food…
-
FDA Questioning Health Claim Linking Soy and LDL Reduction
The U.S. Food and Drug Administration (FDA) is proposing to revoke an authorized health claim linking consumption of soy protein to reduction of the risk of heart disease. FDA first authorized the claim in 1999 after concluding that evidence supported the proposition that soy protein lowered low-density lipoprotein (LDL) cholesterol. The agency states that although…