Category: Issue 678
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Appeals Court Affirms Dismissal of Organic Baby Formula Suit
A California appeals court has affirmed the dismissal of a lawsuit alleging that infant formula was mislabeled because it contained synthetic ingredients, ruling that the plaintiff’s state law claim was preempted by the Organic Foods Production Act (OFPA). Organic Consumers Assoc. v. Honest Co. Inc., No. B280836 (Cal. App. Ct., entered June 12, 2018). The advocacy group…
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Advocacy Groups Sue FDA To Compel Decision on Food Additive Petition
Seven advocacy groups, including the Center for Science in the Public Interest, Natural Resources Defense Council and Center for Food Safety, have filed a petition for a writ of mandamus seeking to compel the U.S. Food and Drug Administration (FDA) to issue a decision on a 2015 petition asking FDA to withdraw its approval of…
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Court Dismisses Foodborne Illness Suit Against Chipotle
A federal court in Louisiana has dismissed with prejudice a lawsuit alleging that Chipotle Mexican Grill’s food caused the plaintiff to contract Helicobacter pylori, holding that the plaintiff had not pleaded “any semblance of a fact that causally connects [his] illness” with Chipotle. Gilyard v. Chipotle Mexican Grill Inc., No. 17-0441 (W.D. La., entered June 14, 2018). The…
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Court Upholds NYC Ban on Foodservice EPS
A state court has denied a petition to overturn a New York City ban on the use of expanded polystyrene foam (EPS) containers, finding the city’s determination “was a painstakingly studied decision and was in no way rendered arbitrarily or capriciously.” In re Application of Rest. Action All. v. City of New York, No. 100731/2015…
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Defendant Distillery Wins Trademark “Bourbon War”
The U.S. Court of Appeals for the Sixth Circuit has affirmed summary judgment in favor of Peristyle LLC, finding that its use of the term “Old Taylor” falls under the Lanham Act’s fair use defense. Sazerac Brands, LLC, v. Peristyle, LLC, No. 17-5933/5997 (6th Cir., entered June 14, 2018). The “Old Taylor” mark references Colonel…
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Werther’s Settles Slack-Fill Class Action
A federal court in New York has dismissed a putative class action alleging that Storck USA L.P. packaged Werther’s Original Sugar Free Chewy Caramels with nonfunctional slack fill and misrepresented the candy’s effect on blood glucose levels. Kpakpoe-Awel v. Storck USA L.P., No. 18-1086 (S.D.N.Y., entered June 8, 2018). According to court filings, the parties…
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FDA Releases Guidance on Dietary Fiber Labeling
The U.S. Food and Drug Administration has released guidance identifying eight non-digestible carbohydrates that the agency intends to add to its list of dietary fibers—including mixed plant cell wall fibers, alginate, polydextrose and resistant maltodextrin/dextrin—because the agency has “tentatively determined that they have physiological effects that are beneficial to human health.” These additions “provide industry…
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Industry Groups File Petition to Ban Labeling Foreign Meat as “Product of USA”
The American Grassfed Association and the Organization for Competitive Markets (OCM) have filed a petition urging the U.S. Department of Agriculture (USDA) to change its policy allowing meat produced outside of the United States to be labeled as a product of the country if it passes through an agency-inspected plant. The groups call for a…