Category: Issue 723
-
Advocacy Groups Sue FDA for Inaction on Foodborne Illness Programs
The Center for Food Safety and Center for Environmental Health have filed a lawsuit seeking to compel the U.S. Food and Drug Administration (FDA) to promulgate rules for a program to improve foodborne-illness detection as required under the Food Safety Modernization Act (FSMA). Ctr. for Food Safety v. Azar, No. 19-5168 (N.D. Cal., filed August…
-
Creamery Targeted with Designation of Geographic Origin Lawsuit
A plaintiff has filed a putative class action alleging Tillamook County Creamery Association misleadingly markets its products as sourced from cows in Tillamook County. Bohr v. Tillamook Cty. Creamery Ass’n, No. 19-36208 (Ore. Cir. Ct., Multnomah Cty., filed August 19, 2019). The complaint alleges that consumers “increasingly seek out and are willing to pay more…
-
Coconut Milk “Healthy” Suit Dismissed
A California federal court has dismissed a putative class action complaint alleging that Danone U.S. Inc.’s So Delicious Coconut Milk is misleadingly marketed as healthful. Andrade-Heymsfield v. Danone U.S. Inc., No. 19-0589 (S.D. Cal., entered August 14, 2019). Danone argued that the challenged statements were not health or nutrient content claims, and the court assessed…
-
Court Dismisses Liquor Co.’s Suit Aiming for Approval to Market with Health Claims
A D.C. court has dismissed Bellion Spirits LLC’s lawsuit aiming to compel the Alcohol and Tobacco Tax and Trade Bureau (TTB) to permit the company to market its products as containing “NTX, a proprietary blend of ingredients that they contend mitigates alcohol’s damage to DNA.” Bellion Spirits LLC v. United States, No. 17-2538 (D.D.C., entered…
-
Clif Bar Added Sugar Suit to Continue
A California federal court has denied Clif Bar & Co.’s motion to dismiss a putative class action alleging that its Clif bars contain high levels of sugar but are misleadingly marketed as healthful. Milan v. Clif Bar & Co., No. 18-2354 (N.D. Cal., entered August 20, 2019). The court disagreed with Clif’s argument that the…
-
Bombay Sapphire Contains Illegal Botanical, Complaint Alleges
A consumer has filed a putative class action alleging that Bacardi U.S.A. Inc.’s Bombay Sapphire is made with grains of paradise, amounting to adulteration under Florida law. Marrache v. Bacardi U.S.A. Inc., Filing No. 93932678 (Fla. Cir. Ct., 11th Jud. Cir., filed August 9, 2019). The complaint cites a Florida statute deeming the inclusion of…
-
NPR Compares Allergy Accommodations in US, UK
NPR has published a writer’s comparison of his experiences eating at restaurants in the United States and the United Kingdom while living with a peanut allergy. “Restaurants in the United Kingdom are generally far more vigilant, in this regard, than restaurants in the United States,” the author observes. He recounts his experience being turned away…
-
FDA Issues First Warning Letter for FSMA Foreign Supplier Program
The U.S. Food and Drug Administration (FDA) has issued the first warning letter enforcing the Food Safety Modernization Act (FSMA) Final Rule on Foreign Supplier Verification Programs (FSVP) for Importers of Food for Humans and Animals. The letter targeted a company importing tahini that was recalled after purportedly causing a Salmonella outbreak. “Moving forward, the…