Category: Issue 647
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“Organic” Agave Nectar Contains High Fructose Corn Syrup, Proposed Class Action Alleges
A consumer has filed a putative class action alleging that American Sugar Refining mislabeled its agave syrup as “organic” because it contains isomaltose, an ingredient “not naturally found in pure agave syrup.” Valdes v. Am. Sugar Refining, No. 17-5213 (E.D.N.Y., filed September 5, 2017). The complaint asserts that while the only ingredient listed on the…
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“Pretzel Crisps” Again Ruled Generic Term by TTAB
For a second time, the Trademark Trial and Appeal Board (TTAB) has granted Frito-Lay North America’s petition for cancellation of Snyder’s-Lance Inc.’s application to trademark “Pretzel Crisps,” finding the term is generic. Frito-Lay N. Am.v. Princeton-Vanguard, LLC, No. 91195552 (TTAB, entered September 6, 2017). TTAB initially found “pretzel crisp” to be generic following Frito-Lay’s opposition…
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Kefir Projected Class Action Survives Motion to Dismiss
A federal court has denied Lifeway Foods’ motion to dismiss a putative class action alleging the company fraudulently marketed its kefir beverage as 99 percent lactose-free despite containing 4 percent lactose. Block v. Lifeway Foods, No. 17-1717 (D.N. Ill., entered September 6, 2017). “[I]n some other cases, consumers have brought consumer fraud claims against food…
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Court Approves Quorn Settlement Requiring New Labels and Warning
A federal court has approved the settlement agreement in a class action against Quorn Foods, which has agreed to warn consumers that its products contain mold. Birbrower v. Quorn Foods, No. 16-1346 (C.D. Cal., entered September 1, 2017). Under the agreement, the labels will state, “Mycoprotein is a mold member of the fungi family. There…
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Tenth Circuit Overturns “Ag-Gag” Lawsuit Dismissal
The U.S. Court of Appeals for the Tenth Circuit has overturned a lower court’s dismissal of a coalition of advocacy groups’ lawsuit challenging the constitutionality of Wyoming’s statute supplementing criminal and civil trespass laws with additional penalties when the perpetrators “collect resource data.” W. Watersheds Project v. Michael, No. 16-8083 (10th Cir., entered September 7,…
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FDA to Permit Baby Food Allergy-Reduction Claims
The U.S. Food and Drug Administration (FDA) has announced the approval of a qualified health claim that baby food with ground peanuts can reduce the development of peanut allergies. On the labels of foods suitable for infant consumption that contain ground peanuts, companies can now include the claim that “for most infants with severe eczema…
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USDA Releases GMO Electronic Disclosure Study
Following a Center for Food Safety lawsuit seeking information on requirements in the 2016 Federal Bioengineered Food Safety Disclosure Standards Act, the U.S. Department of Agriculture (USDA) has released a study identifying potential challenges to implementation of electronic disclosure of genetically modified organism (GMO) content on food labels. The study considered whether consumers or retailers…
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FDA Seeks Comment on Regulation Changes for “Meaningful Burden Reduction”
Implementing an executive order titled “Reducing Regulation and Controlling Regulatory Costs,” the U.S. Food and Drug Administration (FDA) has opened a comment period to identify “existing regulations and related paperwork requirements that could be modified, repealed, or replaced, consistent with the law, to achieve meaningful burden reduction while allowing us to achieve our public health…