Category: Issue 677
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Toddler Formulas Contain Lead, CA Attorney General Alleges
California Attorney General Xavier Becerra has filed a lawsuit alleging two companies’ toddler formula products contain lead levels higher than U.S. Food and Drug Administration (FDA) standards. California v. Nutraceutical Corp., No. RG18907841 (Cal. Super. Ct., Alameda Cty., filed June 7, 2018). The state alleges that Sammy’s Milk Free-Range Goat Milk Toddler Formula, manufactured and sold…
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Cattlemen’s Challenge to COOL Removal Rule Dismissed
A Washington federal court has granted summary judgment to the U.S. Department of Agriculture (USDA) in a lawsuit filed by ranchers and cattle producers challenging the agency’s regulations governing the removal of country-of-origin labeling (COOL) for beef and pork. Ranchers-Cattlemen Action Legal Fund v. USDA, No. 17-0223 (entered June 5, 2018). The complaint alleged that the…
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Data Breach Lawsuits Filed, Dismissed and Settled
Brinker International Inc. faces a putative class action alleging hackers stole customers’ personally identifiable information (PII) from point-of-sale systems at Chili’s Grill & Bar in April and May 2018. Steinmetz v. Brinker Int’l, Inc, No. 18-0981 (D. Nev., filed May 30, 2018). The plaintiff seeks damages, an injunction and attorney’s fees for negligence and alleged…
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Couple Challenges Texas’ Definition of “Pickle”
A couple has reportedly filed a lawsuit against the Texas Department of State Health Services alleging that “burdensome” regulations bar them from selling their canned pickled vegetables at farmers’ markets. The plaintiffs own a farm near Austin and sell vegetables locally, but when they sought to expand into sales of pickled beets, okra and carrots,…
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Ninth Circuit Upholds Dismissal of Twinings Labeling Suit
The U.S. Court of Appeals for the Ninth Circuit has affirmed summary judgment dismissing a putative class action alleging that Twinings North America Inc.’s teas contained fewer antioxidants than claimed on product labels, holding the plaintiff had failed to establish standing. Lanovaz v. Twinings N. Am. Inc., No. 16-16628 (9th Cir., entered June 6, 2018). The…
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Federal Circuit Vacates PTAB’s Fruit Dehydration Patent Rejection
The U.S. Court of Appeals for the Federal Circuit has vacated the Patent Trial and Appeal Board’s (PTAB’s) rejection of a patent application for a fruit dehydration apparatus. In re Durance, No. 2017-1486 (Fed. Cir., entered June 1, 2018). The inventors applied for a patent for a microwave dehydration container containing a rotating chamber to…
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“Accurate Labels Act” Introduced in Congress
U.S. Sen. Jerry Moran (R-Kan.) and Reps. Adam Kinzinger (R-Ill.) and Kurt Schrader (D-Ore.) have introduced the Accurate Labels Act, a proposed amendment to the Fair Packaging and Labeling Act that would require information about the “chemical composition of, and radiation emitted by” a food product to be based on the “best available science.” According…
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EU Targets Single-Use Plastic
The European Commission has proposed rules intended to reduce the buildup of single-use plastic in oceans. The rules would ban plastic products with a readily available and affordable alternative, such as cutlery, plates, straws and drink stirrers. In addition, manufacturers “will help cover the costs of waste management and clean-up, as well as awareness raising…