Category: Issue 714
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Plaintiff Challenges Oreos’ “Real Cocoa” Content
Mondelez International Inc. allegedly markets its Oreos as containing “Real Cocoa” despite containing “cocoa processed with alkali.” Harper v. Mondelez Int’l Inc., No. 19-2747 (N.D. Cal., filed May 20, 2019). A plaintiff has asserted that the claim “‘Always made with Real Cocoa’ or ‘Real Cocoa’ is intended to differentiate the cocoa in the Products from…
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Company Alleges Anti-Competitive Actions for Norwegian Farm-Raised Salmon
Cape Florida Seafood has filed a lawsuit alleging that several companies have “conspired since at least 2015” to fix prices on farm-raised Norwegian salmon. Cape Fla. Seafood v. Mowi ASA, No. 19-22002 (S.D. Fla., Miami Div., filed May 17, 2019). The complaint asserts that salmon prices before 2015 were correlated with the cost of feed…
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Stewart’s Cream Soda Lacks Real Vanilla, Lawsuit Alleges
A consumer has filed a putative class action alleging that Stewart’s Fountain Classics beverages are misleadingly marketed as having a “Creamy Vanilla Taste” despite containing artificial flavors. Dalton v. Mott’s LLP, No. 19-2960 (E.D.N.Y., filed May 19, 2019). The plaintiff admits that the label discloses the product contains artificial flavors but argues that the “nostalgic…
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Article Examines Human Effects of SSB Tax
A New York Times article has documented how Philadelphia’s tax on sugar-sweetened beverages (SSBs) has affected the residents of the city. The article, published days before the city’s Democratic primary for mayor, speculates that the tax could be eliminated if the primary challengers were to beat Mayor Jim Kenney; although the mayor won the May…
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Citrus Growers Look to Antibiotics to Fight Citrus Greening
In an effort to combat citrus greening, some citrus farmers have reportedly begun spraying antibiotics on their trees, sparking concerns about antibiotic resistance, according to the New York Times. The Environmental Protection Agency (EPA) apparently approved the use of streptomycin and oxytetracycline for emergencies “despite strenuous objections from the Food and Drug Administration and the…
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FDA Issues Guidance on “Potassium Chloride Salt”
The U.S. Food and Drug Administration (FDA) has issued draft guidance for industry on the use of “potassium chloride salt” on food labels as an acceptable alternative to the use of the common or usual name “potassium chloride.” The guidance indicates that the agency recognizes that food manufacturers “wishing to reduce sodium chloride in their…
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Bill Introduced to Ban PFAS in Food Containers
U.S. Rep. Debbie Dingell (D-Mich.) has introduced legislation that would “ban the use of toxic perfluorinated compounds (PFAS) in food containers and cookware.” The Keep Food Containers Safe from PFAS Act would give the U.S. Food and Drug Administration authority to deem PFAS chemicals in food containers as unsafe by 2022. “We already know the…
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EU Finalizes Ban on Some Single-Use Plastics
The Council of the European Union has voted to adopt measures banning “the 10 single-use plastic products most often found on European beaches,” including cutlery, plates, straws, drink stirrers, cups and other food and beverage containers. The ban focuses on products for which alternatives not constructed of single-use plastic are readily available. The decision will…