Category: Issue 707
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Hot Sauce Company Alleges Infringement by THC-Containing Sauce
Tapatio Foods has filed a trademark infringement lawsuit alleging that Tiowaxy Hot Sauce is sold with a similarly designed label, confusing consumers and causing brand tarnishment to Tapatio’s hot sauce. Tapatio Foods v. Alfarh, No. 19-0335 (E.D. Cal., filed March 11, 2019). Tapatio alleges that Tiowaxy’s label infringes because it also features a man in…
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Second Circuit Confirms Diet Soda Dismissal
The U.S. Court of Appeals for the Second Circuit has affirmed a lower court’s dismissal of a lawsuit alleging that the name “Diet Pepsi” misleads consumers into believing that the product will assist with weight loss. Manuel v. Pepsi-Cola Co., No. 18-1748 (2nd Cir., entered March 15, 2019). “The studies cited by the complaint establish,…
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Whole Foods Settles Kombucha Lawsuit
Whole Foods Market Inc. and Health-Ade LLC have agreed to pay $4 million to settle allegations that Health-Ade labels its kombucha as non-alcoholic despite containing “more alcohol than permitted for non-alcoholic beverages.” Bayol v. Health-Ade LLC, No. 18-1462 (N.D. Cal., filed March 15, 2019). Under the agreement, class members can receive $4 for each bottle…
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Study Correlates SSB Consumption and Early Death
Researchers in Circulation reported finding a correlation between a higher risk of total mortality in American adults and regular consumption of SSBs. Malik et al., “Long-Term Consumption of Sugar-Sweetened and Artificially Sweetened Beverages and Risk of Mortality in US Adults,” Circulation, March 18, 2019. “Consumption of SSBs was positively associated with mortality primarily through [cardiovascular…
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Hip-Hop-Listening Cheese Tastes Better, Swiss Researchers Report
Swiss researchers have reportedly found that cheese exposed to hip-hop music during production had enhanced flavors compared to cheese exposed to opera, rock, techno or ambient music. The researchers apparently used mini-transmitters to “conduct the energy of the music” into nine 22-pound wheels of Emmental cheese. The wheels were separated and exposed to music by…
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Restaurant Owners Sue San Diego Over Polystyrene Ban
Three restaurant owners, along with the California Restaurant Association (CRA) and Dart Cardboard Corp. of California, have reportedly filed a lawsuit challenging San Diego’s ban on polystyrene food containers, alleging that the city failed to conduct an environmental review before instituting the ban. “The CRA has filed a legal challenge to hold city government accountable…
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FDA Announces Webinar on Genome Editing in Animals
The U.S. Food and Drug Administration has announced an April 25, 2019, public webinar about “genome editing in animals, an innovative and rapidly evolving technology that offers significant public health benefits.” The webinar will focus on “current scientific evidence, promising uses of this technology in animals, and the potential risks.” FDA intends the webinar to…
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WHO Report Again Recommends Limits on Marketing “Unhealthy Products” to Children
The World Health Organization (WHO) has issued a report calling for “greater monitoring” of “unhealthy food products, especially those high in salt, sugar and fat.” The report asserts that “exposure of children to the online marketing of unhealthy food products” remains “commonplace”—despite the organization’s 2010 recommendations on limiting such exposure—and “urgently calls for developing and…