Category: Issue 705
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Magnum Coffee’s “Kona” Blend Challenged
A consumer has filed a putative class action alleging that L & K Coffee Co. misleads consumers by selling a blend of coffee it labels as “Kona,” which allegedly refers to a distinctive geographic region in Hawaii. Faison v. L & K Coffee Co., No. 19-1248 (E.D.N.Y., filed March 3, 2019). The complaint asserts that…
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Ferrara Settles SweeTart Malic Acid Litigation
A California federal court has preliminarily approved a settlement agreement between a consumer and Ferrara Candy Co. alleging the company misleadingly advertised its SweeTarts as free of artificial flavors despite containing malic acid. Littlejohn v. Ferrara Candy Co., No. 18-0658 (S.D. Cal., entered February 28, 2019). Under the agreement, Ferrara will remove the phrase “no…
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In-N-Out Sues Puma for Alleged Infringement
In-N-Out Burgers has filed a lawsuit alleging that Puma North America Inc. infringed its trademarks and trade dress with two pairs of shoes called “California Drive Thru” and “Cali-0 Drive Thru.” In-N-Out Burgers v. Puma N. Am. Inc., No. 19-0413 (C.D. Cal., filed March 1, 2019). The shoes feature shades of red and yellow similar…
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FDA Commissioner Scott Gottlieb To Resign
U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb has indicated that he will resign by the end of March 2019. Gottlieb reportedly said that he no longer wanted to commute between Washington, D.C., and Westport, Connecticut, where his family lives. Commentators have speculated that Gottlieb’s departure may affect FDA initiatives, such as its planned…
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USDA To Hold Listening Session on Hemp Cultivation
The U.S. Department of Agriculture (USDA) has announced an online listening session to hear public input about “a new program to regulate hemp production.” The agency’s Agricultural Marketing Service (AMS) will host the webinar on March 13, 2019, with registration required by March 11 to speak during the session. “The Secretary of Agriculture and the…
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USDA, FDA to Jointly Oversee Cell-Based Meats
The U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) have announced “a formal agreement to jointly oversee the production of human food products derived from the cells of livestock and poultry.” The agreement “describes the oversight roles and responsibilities for both agencies and how the agencies will collaborate to regulate the development…
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Bill Clarifying Slack-Fill Uses Introduced in Missouri
A Missouri state senator has introduced legislation that would clarify when slack fill is allowable in food containers. The bill would prohibit slack fill from being deemed as misleading for eight reasons, including (i) protection of the contents, (ii) reasonable industry standards, (iii) a specific function provided by the package, (iv) value added by the…
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CSPI Files FOIA Request on Salmonella Outbreak Sources
The Center for Science in the Public Interest (CSPI) has filed a Freedom of Information Act (FOIA) request seeking to identify the poultry-production plants associated with an outbreak of Salmonella. CSPI requested that the U.S. Department of Agriculture (USDA) deliver information on the “name, address, establishment number, and date of positive sample(s)” for poultry products…