Food & Beverage Litigation & Regulatory Update

Category: Issue 662

  • Dairy Test May Support Grass-Fed Milk Mislabeling Claims

    Iowa State University researchers have reportedly developed an inexpensive method to test whether milk was produced by grass-fed cows. Fluorescence spectroscopy, which measures light to identify the amount of chlorophyll metabolized by cows, may help regulators enforce organic milk standards requiring cows to eat a minimum of 30 percent foraged grass. The researchers reportedly found…

  • Wisconsin Federal Court Dismisses Butter-Grading Lawsuit

    A federal court has granted summary judgment to Wisconsin in an Ohio dairy’s lawsuit alleging a Wisconsin law requiring butter to be graded by the U. S. Department of Agriculture or a state-licensed grader violated the commerce, due process and equal protection clauses of the U.S. Constitution. Minerva Dairy, Inc. v. Brancel, No. 17-0299 (W.D. Wis.,…

  • Industry Groups Criticize JAMA Study Questioning Benefits of Omega-3

    After JAMA Cardiology published a meta-analysis purporting to find “no significant association” between consumption of omega-3 fatty acids and “fatal or nonfatal coronary heart disease or any major vascular events,” industry groups reportedly criticized the conclusion, arguing that other meta-analyses find statistically significant reductions in cardiac death risks. The JAMA meta-analysis examined 10 randomized trials that…

  • Italian Court Cancels Fine for Mislabeled Olive Oil

    An Italian appeals court has reportedly voided a fine of €550,000 previously levied on Lidl Stiftung & Co. KG for selling bottles of mislabeled olive oil. The court ruled that Italy’s Antitrust Authority (AGCM) failed to explain why the company’s actions were negligent when the agency imposed the fine, which resulted from tests determining that bottles…

  • Hy-Vee Denied Trademark for “Peaceful Piranha” Snacks

    The Trademark Trial and Appeal Board has denied Hy-Vee Inc.’s application to register the “Peaceful Piranha” mark for a line of snack foods, deeming the mark to be too similar to the mark for an existing line of “Piraña” snack foods. In re Hy-Vee, Inc., No., 87120774 (T.T.A.B., entered February 6, 2018). Finding “piranha” to…

  • FDA Seeks Comment on Foodborne Illness Study in Restaurants

    The U.S. Food and Drug Administration (FDA) is soliciting public comment on whether the agency should continue to collect information about foodborne illnesses in restaurants. The proposal would extend studies of risk factors, preparation practices, employee behavior and the effects of regulation and food safety management systems on occurrences and outbreaks. FDA began a study…

  • House Passes Menu Labeling Rule

    The U.S. House of Representatives has passed a bill to amend the Federal Food, Drug and Cosmetic Act that would reduce nutrition- and calorie-labeling requirements on menus and bar civil liability for any restaurant or retail food establishment accused of violating the law’s requirements. The Common Sense Nutrition Disclosure Act would allow restaurants to use average…

  • Werther’s Faces Class Action for Slack Fill, False Labeling

    A consumer has filed a putative class action alleging Storck USA, L.P., maker of Werther’s, packages Original Sugar Free Chewy Caramels with nonfunctional slack fill and misrepresents the effect of maltitol syrup on blood glucose levels. Kpakpoe-Awei v. Storck USA L.P., No. 18-1086 (S.D.N.Y., filed February 7, 2018). The complaint alleges that nontransparent 2.75-ounce bags…