Category: Issue 693
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Silverman Publishes “In Search of the Reasonable Consumer: When Courts Find Food Class Action Litigation Goes Too Far”
Shook Partner Cary Silverman has authored an article for the University of Cincinnati Law Review arguing for a consistent application of the “reasonable consumer” standard in food and beverage litigation. Describing frequent litigation targets such as foods labeled as “natural” and packages containing “excessive slack fill,” Silverman explains that in some cases, “a plaintiff’s alleged…
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FDA Issues Draft Guidances on Produce
The U.S. Food and Drug Administration (FDA) has announced the availability of two draft guidance documents involving standards for produce. One draft guidance “provides a broad range of recommendations on how to meet the requirements” for growing produce and “outlines how to determine whether produce or farms may be eligible for exemptions.” The second guidance…
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StarKist Pleads Guilty in Price-Fixing Case
The U.S. Department of Justice has announced that StarKist Co. has agreed to plead guilty to charges alleging the company conspired to fix prices of packaged tuna. The company will face a fine of up to $100 million. “Our citizens’ confidence in the ability to buy goods within an unbiased market is key to sustaining…
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NAD Refers Milk Claims to FTC
The National Advertising Division (NAD) has referred The a2 Milk Company’s claims that its products are “easier on digestion” to the U.S. Federal Trade Commission (FTC). The National Milk Producers Federation challenged the milk marketing, asserting “errors in study design, methodology, and population selection” as well as arguing that the results of the company’s study…
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Edible Cotton May Be Cultivated Soon, Bloomberg Reports
Edible cottonseeds have been approved for commercial cultivation by the U.S. Department of Agriculture and await Food and Drug Administration approval, according to Bloomberg. Texas A&M University has reportedly been developing the product—which apparently tastes “like hummus”—for more than two decades. Bloomberg compares the nutritional value of cottonseeds to other tree nuts such as almonds or…