Food & Beverage Litigation & Regulatory Update

Category: Issue 716

  • FDA to Designate High-Risk Foods Under Consent Decree

    A California federal court has entered a consent decree compelling the U.S. Food and Drug Administration (FDA) to designate a list of high-risk foods as required by the Food Safety Modernization Act. Ctr. for Food Safety v. Azar, No. 18-6299 (N.D. Cal., entered June 7, 2019). The decree is the result of a lawsuit brought…

  • Plaintiff Denied Class Certification for Third Time in Tropicana Suit

    A New Jersey federal court has denied class certification to a plaintiff challenging Tropicana’s marketing representations of its juice as “pure” and “natural.” In re Tropicana Orange Juice Mktg. & Sales Practices Litig., No. 11-7382 (D.N.J., entered June 19, 2019). The court first denied certification for a New York class because the plaintiff only purchased…

  • Former LaCroix Employee Alleges Firing Stems from BPA Claims

    A former vice president of National Beverage Corp. has alleged that he was fired because he objected to the company president’s intention to use cans lined with bisphenol A (BPA) while marketing its LaCroix products as natural and BPA-free. Dejewski v. Nat’l Beverage Corp., No. PAS-L-1802-19 (N.J. Super. Ct., Passaic Cty., filed June 6, 2019).…

  • American Chemistry Council Responds to The Guardian’s “Toxic America” Series

    The American Chemistry Council (ACC) has issued a response to a series by The Guardian purporting to examine the role of chemicals in Americans’ lives. “Sadly, in those stories, they decided to peddle misinformation and promote well-worn accusations from anti-industry activists that can create unnecessary fear and confusion about the products we use in our…

  • Proposed Amendment Would Provide Funds for FDA Oversight of CBD

    Rep. Jerry McNerney (D-Calif.), in partnership with the Natural Products Association, has reportedly filed an amendment to the House Agriculture appropriations bill that would give the U.S. Food and Drug Administration (FDA) funding to undertake the process to identify a safe daily intake level of cannabidiol (CBD). “Since the passage of the 2018 Farm Act…

  • FDA Issues Statement on PFAS in Food

    The U.S. Food and Drug Administration (FDA) has issued a statement on per- and polyfluoroalkyl substances (PFAS) in food following a presentation published in the media that indicated the agency found the substances in meat, fish and chocolate. “Overall, our findings did not detect PFAS in the vast majority of the foods tested,” the statement…

  • Executive Order Aims to Ease “Regulatory Maze” for GMOs

    President Donald Trump has reportedly signed an executive order that directs federal agencies to simplify the path to regulatory approval for genetically modified organisms (GMOs). The order also apparently recommends that trading partners should be urged to take similar approaches to regulating GMOs.

  • EFSA Scientists Recommend Limits on Phosphates as Food Additives

    The European Food Safety Authority (EFSA) has announced a change in guidance on the use of phosphates as food additives. The agency’s scientists recommended a group acceptable daily intake of 40 milligrams per kilogram of body weight, or about 2.8 grams for the average 70-kilogram adult. According to the announcement, the existing maximum permitted levels…