Category: Issue 734
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Researchers Argue for Labeling Featuring Calorie-Equivalent Exercise
U.K. researchers have published a meta-analysis in The BMJ asserting that physical activity calorie equivalent (PACE) labeling on food packaging “may reduce the number calories selected from menus and decrease the number of calories/grams of food consumed by the public, compared with other types of food labelling/no labelling.” Daley et al., “Effects of physical activity…
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Seventh Circuit Denies Appeal in Fannie May Slack Fill Case
The Seventh Circuit has declined to revive a putative class action alleging that Fannie May Confections Brands Inc. misleads consumers as to the amount of chocolates contained in its boxes. Benson v. Fannie May Confections Brands Inc., No. 19-1032 (7th Cir., entered December 9, 2019). The court found that the plaintiffs suffered no “actual damage”…
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Tofurky Granted Preliminary Injunction on Arkansas Meat-Labeling Law
An Arkansas federal court has granted Turtle Island Foods SPC, which does business as Tofurky Co., a preliminary injunction preventing the enforcement against it of an Arkansas law prohibiting the use of meat-related terms to describe plant-based products on food packaging. Turtle Island Foods SPC v. Soman, No. 19-0514 (E.D. Ark., C. Div., entered December…
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Wendy’s Avoids Drive-Through Discrimination Suit
An Illinois federal court has dismissed a lawsuit alleging Wendy’s International discriminates against disabled customers who cannot independently access 24-hour Wendy’s locations during night hours when the stores only accept drive-through orders. Davis v. Wendy’s Int’l LLC, No. 19-4003 (N.D. Ill., E. Div., entered December 12, 2019). The court held that the Wendy’s policy applied…
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Attorney Lacks Standing to Challenge Trade Dress “Demeaning to Goats”
The U.S. Court of Appeals for the Federal Circuit has dismissed a challenge to trade dress protection granted to Al Johnson’s Swedish Restaurant & Butik Inc., a Wisconsin restaurant that features grazing goats on its rooftop, brought by an attorney who found the trade dress “demeaning to goats.” Bank v. Al Johnson’s Swedish Restaurant &…
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Senate Confirms FDA Commissioner
The U.S. Senate has voted to confirm Stephen Hahn as the commissioner of the U.S. Food and Drug Administration (FDA). Hahn, an expert in radiation oncology, reportedly promised to prioritize science, data and public health over political interests when directing the agency’s policy.
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NAD Declines RXBAR Label Challenge
The National Advertising Division (NAD) has found that Insurgent Brands LLC’s RXBAR labels, which feature a brief list of ingredients on the front, communicate a substantiated claim about the main ingredients in the product and do not “convey misleading implied claims about weight and proportions of the protein bar inside.” Kind Inc. challenged the labels,…
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New York to Ban Chlorpyrifos Through Regulations
New York Governor Andrew Cuomo has reportedly vetoed a bill that would have banned the use of chlorpyrifos by the end of 2021 but directed the state’s Department of Environmental Conservation to issue a ban on the pesticide. His direction will result in an immediate ban on aerial uses of chlorpyrifos and phase out other…