Category: Issue 712
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Cocoa Pebbles Lacks Real Cocoa, Lawsuit Alleges
Post Consumer Brands LLC allegedly misleads consumers by marketing its Cocoa Pebbles and related products as made with “real cocoa” despite listing only “cocoa (processed with alkali)” in the ingredients panel, according to a consumer’s putative class action. Copeland v. Post Consumer Brands LLC, No. 19-2488 (E.D.N.Y., filed April 26, 2019). The complaint asserts that…
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FTC, Gerber Settle Anti-Allergy Lawsuit
The U.S. Federal Trade Commission (FTC) has settled its lawsuit alleging that Gerber Products Co. made false claims about the anti-allergy benefits of Good Start Gentle infant formula, according to an order terminating the action. FTC v. Gerber Prods. Co., No. 14-6771 (D.N.J., entered April 30, 2019). FTC filed the action in response to Gerber’s…
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Hemp Not Allowed in Alcohol Beverages, TTB States
The U.S. Alcohol and Tobacco Tax and Trade Bureau (TTB) has issued an industry circular stating that it “will return for correction any applications for formulas containing ‘hemp’ ingredients (other than ingredients derived from hemp seeds or hemp seed oil)” until the U.S. Food and Drug Administration (FDA) indicates that the ingredients’ use would not…
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EPA, New York Take Actions on Pesticides
The U.S. Environmental Protection Agency (EPA) has affirmed its previous opinions finding that “there are no risks to public health when glyphosate is used in accordance with its current label and that glyphosate is not a carcinogen.” “EPA has found no risks to public health from the current registered uses of glyphosate,” EPA Administrator Andrew…
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States Target Food Packaging, Straw Bans with Legislation
Maine has reportedly become the first state to ban single-use food and drink containers made from polystyrene. The law, which will take effect in 2021, echoes a similar bill in Maryland that has been passed by the legislature but remains unsigned by the governor. According to the Associated Press, Oregon, Vermont and Connecticut are considering…
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Silverman Speaks to Congressional Staff About Food Litigation Trends
Shook Partner Cary Silverman was an invited panelist at The George Mason University Antonin Scalia Law School’s Law and Economics Center’s Congressional Civil Justice Academy program on the legal challenges surrounding food labeling, advertising and marketing. The event, which draws congressional staff, was held on April 26, 2019, in the U.S. House of Representatives Agriculture…