Category: Issue 675
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Federal Court Dismisses Diet Pepsi Putative Class Action
A federal court in New York has dismissed with prejudice a putative class action alleging that Pepsi-Cola Co. falsely and deceptively used the term “diet” for its Diet Pepsi, leading consumers to believe that the beverage would help them lose weight or assist with “healthy weight management.” Manuel v. Pepsi-Cola Co., No. 17-7955 (S.D.N.Y., entered May…
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Plaintiff Alleges Halo Top Ice Cream Labeling is Deceptive
A New York plaintiff alleges Halo Top ice cream is falsely and deceptively labeled because it does not prominently display the term “light” on its labels, purportedly misleading consumers into believing it is regular full-fat ice cream. Berger v. Eden Creamery, LLC, No. 18-2745 (E.D.N.Y., filed May 9, 2018). Among other allegations, the plaintiff asserts that…
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Ferrara Candy Settles Slack Fill Putative Class Action
Ferrara Candy Co. has agreed to pay $2.5 million to settle a putative class action alleging its candy boxes contained an unnecessary amount of slack fill. Iglesias v. Ferrara Candy Co., No. 17-849 (N.D. Cal., motion filed May 10, 2018). Under the agreement, Ferrara will “modify its fill level quality control procedures and target fill levels to…
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Bumble Bee CEO Faces Felony Indictment For Alleged Tuna Price-Fixing
Christopher Lischewski, president and CEO of Bumble Bee Foods, has been indicted by a federal grand jury in California and charged with one count of felony price-fixing for his alleged role in a scheme to fix the price of canned and packaged seafood sold in the United States. U.S. v. Lischewski, No. 18-0203 (N.D. Cal., filed…
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Man Sues Burger King After Being Jailed for $10 Bill
Burger King Corp. faces a civil-rights lawsuit after an employee at a Boston location accused a man of trying to pay for food with an allegedly counterfeit $10 bill, refused to return the bill and called the police when the man would not leave the restaurant. Ellis v. Burger King Corp., No. 1884-CV-01489 (Mass. Super. Ct., Suffolk…
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WHO Announces Plan to Eliminate Trans Fat from Global Food Supply
The World Health Organization (WHO) has announced “a step-by-step guide for the elimination of industrially-produced trans-fatty acids from the global food supply.” The plan consists of six steps represented by the acronym REPLACE: (i) “review” sources of trans fat and the landscape for policy change; (ii) “promote” the replacement of trans fats; (iii) “legislate” regulatory…
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USDA Ends Discussion of Organic Checkoff Program
The U.S. Department of Agriculture (USDA) has announced the termination of a rulemaking proceeding that “proposed to establish a national research and promotion program for certified organic products under authority of the Commodity Promotion, Research and Information Act of 1996.” The Organic Trade Association proposed the program in 2015, and USDA accepted comments on the…
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EFSA Releases Results of Glyphosate Review
The European Food Safety Authority (EFSA) has reviewed data on glyphosate residues on crops and determined that “current exposure levels are not expected to pose a risk to human health.” The review includes two reports examining crops grown for human consumption as well as crops used in animal feed. EFSA reportedly relied on comparisons between…