Category: Issue 698
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Ocean Spray Malic Acid Class Partially Certified
A California federal court has partially certified a class of consumers that alleges Ocean Spray Cranberries Inc. misled them into believing that their products were free of artificial flavoring but contained malic acid. Hilsley v. Ocean Spray Cranberries Inc., No. 17-2335 (S.D. Cal., entered November 29, 2018). The court first found that the proposed class…
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Sanderson Farms “100% Natural” Chicken Lawsuit to Continue
A California federal court has denied a motion to dismiss a lawsuit alleging that Sanderson Farms Inc. misleads consumers about the presence of antibiotics in its chickens. Friends of the Earth v. Sanderson Farms Inc., No. 17-3592 (N.D. Cal., entered December 3, 2018). The plaintiffs—several advocacy groups—assert that Sanderson’s marketing misleads consumers into believing that…
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Second Circuit Affirms Truffle Lawsuit Dismissal
In a summary order, the U.S. Court of Appeals for the Second Circuit has affirmed a lower court’s judgment in favor of Monini North America in a lawsuit alleging that consumers were misled about the truffle content of the company’s truffle-flavored oil. Jessani v. Monini N. Am. Inc., No. 17-2504 (2nd Cir., entered December 3,…
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“Nuts ‘N More” Spread Lacks White Chocolate, Plaintiff Alleges
A consumer has alleged that Nuts ‘N More LLC’s White Chocolate Peanut Spread does not contain the amount of milkfat required to meet the U.S. Food and Drug Administration (FDA) definition of “white chocolate.” Morrison v. Nuts ‘N More LLC, No. 18-11192 (S.D.N.Y., filed November 30, 2018). According to the complaint, FDA requires white chocolate…
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“Natural” Marinade Contains Citric Acid, Canola Oil, Complaint Argues
A consumer has filed a putative class action challenging La Lechonera Products Inc.’s “all natural” and “no preservatives” representations on its marinade packaging, alleging that the presence of citric acid and canola oil in the product preclude the company from making those marketing claims. Williams v. La Lechonera Prods. Inc., No. 2018-39361-CA-01 (Fla Cir. Ct.,…
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USDA Redistributes Responsibilities Among Agencies
The U.S. Department of Agriculture (USDA) has reallocated responsibilities between its agencies, resulting in the elimination of the Grain Inspection, Packers, and Stockyards Administration (GIPSA). The Agricultural Marketing Service will absorb GIPSA’s previous responsibilities as well as some program areas formerly overseen by the Farm Service Agency. The rule took effect November 29, 2018, finalizing…
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EFSA Issues Report on Foodborne Parasites
The European Food Safety Authority (EFSA) has issued a scientific opinion on “the occurrence and control of three parasites that may be transmitted via food, namely Cryptosporidium spp., Toxoplasma gondii, and Echinococcus spp.,” which cause the diseases “cryptosporidiosis, toxoplasmosis, and alveolar echinococcosis (AE) and cystic echinococcosis (CE), respectively.” EFSA identified “many gaps in our knowledge…