Food & Beverage Litigation & Regulatory Update

Category: Issue 655

  • French Agency Finds Unlabeled Titanium Dioxide Nanoparticles in Food

    The Direction générale de la concurrence, de la consommation et de la répression des fraudes (DGCCRF), a French agency for consumer affairs and fraud prevention, has reportedly tested samples of consumer goods throughout France and found titanium dioxide in 17 of the 19 samples. DGCCRF reportedly found nanoparticles in confectionery, sauces, spices, cake toppings and…

  • Consumer Alleges Ocean Spray Mislabels Juices

    A consumer has filed a projected class action alleging Ocean Spray Cranberries’ CranGrape and CranApple juice products contain artificial flavorings despite bearing “No High Fructose Corn Syrup, Artificial Colors or Flavors” labels. Hilsley v. Ocean Spray Cranberries, Inc., No. 17-2335 (S.D. Cal., removed to federal court November 16, 2017). Originally filed in San Diego County, the…

  • Lawsuit Alleges Dole Salad Caused Listeria Meningitis

    A father has filed a lawsuit alleging that eating Dole Food Co.’s ready-to-eat salad greens caused his son to develop Listeria meningitis, leaving the son with long-term impairment of motor, cognitive and communication skills. Robinson v. Dole Food Co., No. 17-13644 (E.D. Mich., filed November 8, 2017). The complaint alleges that the son was served packaged…

  • Eleventh Circuit Denies Rehearing in Chipotle GMO Lawsuit

    The Eleventh Circuit has denied a petition for rehearing in a putative class action against Chipotle Mexican Grill alleging false advertising related to genetically modified organisms (GMOs). Reilly v. Chipotle Mexican Grill, Inc., No, 16-17461 (11th Cir., entered November 14, 2017). The appeals court previously denied the plaintiff’s appeal from the trial court’s entry of…

  • Proposed Class Action Alleges “Healthy” Belvita Foods Are Full of Sugar

    Two consumers have filed a putative class action alleging Mondelez International’s Belvita breakfast foods are marketed to consumers interested in “health and wellness” but contain between 8 and 14 grams of added sugar per serving. McMorrow v. Mondelez Int’l, No. 17-2327 (S.D. Cal., filed November 16, 2017). The complaint asserts that the packaging and labeling…

  • European Endive Producers May Face Price-Fixing Fines

    The Court of Justice of the European Union (ECJ) has issued a ruling that may result in price-fixing fines of up to $5 million for 18 endive producers alleged to have created a “complex and continuous cartel” intended to enforce minimum producer prices. President of the Autorité de la concurrence v. Assoc. des producteurs vendeurs…

  • PLOS Article Claims SRF Terminated Research Funding in 1970

    PLOS has published an article asserting that in 1970, the Sugar Research Foundation (SRF) terminated its funding of research into the health risks of sugar and did not publish the research results. C. Kearns, et al., “Sugar industry sponsorship of germ-free rodent studies linking sucrose to hyperlipidemia and cancer: An historical analysis of internal documents,”…

  • “Real Butter” in Simply Potatoes Contains GMO Margarine, Plaintiff Alleges

    A putative class action filed in New York has alleged that although the marketing for Simply Potatoes Mashed Potatoes features claims such as “Made with REAL Butter,” the product contains margarine made from genetically modified organisms (GMOs). Berger v. MFI Holdings Corp., 17-6728 (E.D.N.Y., filed November 17, 2017). “Despite the centrality of butter to [the…