Category: Issue 684
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Ninth Circuit Vacates EPA Order Allowing Use of Chlorpyrifos
The Ninth Circuit has vacated a 2017 Environmental Protection Agency (EPA) order allowing some uses of the pesticide chlorpyrifos, remanding the matter to the agency with directions to revoke all tolerances and cancel all registrations for the pesticide within 60 days. League of United Latin Am. Citizens v. Wheeler, No. 17-17636 (9th Cir., entered August…
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Center for Food Safety Alleges Children’s Foods Violate Prop. 65
The Center for Food Safety has filed a lawsuit alleging Dr. Praeger’s Sensible Foods Inc. violates California’s Safe Drinking Water and Toxic Enforcement Act (Prop. 65) by failing to warn consumers that its children’s food products contain levels of acrylamide in excess of 0.2 micrograms per day. Ctr. for Food Safety v. Dr. Praeger’s Sensible Foods,…
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Federal Court Dismisses Slack-Fill Action Against Candymaker
A federal court in Missouri has denied class certification in a slack-fill action against Just Born Inc., ruling that the plaintiff was unable to represent one proposed class and that individual issues would predominate for the other two. White v. Just Born, Inc., 14-4025 (W.D. Mo., entered August 7, 2018). Alleging that boxes of Mike and…
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Lawsuit Alleges Contaminated Goldfish Caused Gastroenteritis
Pepperidge Farms Inc. faces a lawsuit alleging that a woman became ill with Salmonella gastroenteritis after eating the company’s Goldfish crackers, which purportedly contained contaminated dry whey powder. Finch v. Pepperidge Farms, Inc., No. 18-152 (N.D. Miss., filed August 8, 2018). The plaintiff alleges that she bought and ate the Goldfish on July 19, 2018,…
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Court Denies Motion to Dismiss Kombucha Putative Class Action
A California federal court has denied a motion to dismiss a putative class action alleging deceptive labeling and advertising of Yogi Green Tea Kombucha, ruling that whether a reasonable consumer believes that kombucha should contain live organisms is a question of fact. Cohen v. East West Tea Co. LLC, No. 17-2339 (S.D. Cal., entered August…
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ASA Upholds Complaints Against Ads Targeting Children
The U.K. Advertising Standards Authority (ASA) has upheld the Obesity Health Alliance’s complaints against advertisements for Kellogg Coco Pops Granola and a KFC milkshake. The organization asserted that both companies targeted ads for a product high in fat, salt or sugar (HFSS) to an audience under 16. The ad for Kellogg’s Coco Pops Granola ran…
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Spain Seizes Illegally Colored Tuna
In collaboration with EUROPOL, Spain’s environmental protection service has seized 45 tons of tuna illegally treated with color-enhancing substances. The tuna was frozen and acceptable for canned use, but four individuals were recoloring the fish and selling it as fresh, according to the investigators. The alleged perpetrators face up to four years in prison for…