Category: Issue 738
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Marijuana Dispensaries Challenge Executive Order Closing Recreational-Use Stores
Several dispensaries of recreational marijuana in Massachusetts have filed a lawsuit alleging that Governor Charlie Baker exceeded his authority by classifying recreational-use marijuana retail establishments as non-essential while declaring medical-marijuana dispensaries and liquor stores as essential during a statewide shutdown to combat the spread of COVID-19. CommCan Inc. v. Baker, No. 2084CV00808 (Mass. Super. Ct.,…
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FDA Warning Letters Provide Opportunity for Food-Safety Reminders During Viral and Bacterial Outbreaks
By Partner Lindsey Heinz and Associate Zac Parker The U.S. Food and Drug Administration (FDA) sent warning letters to Jimmy John’s Franchise, LLC and its supplier Sprouts Unlimited Inc. regarding food safety practices after the agency traced an outbreak of E. coli to Jimmy John’s produce, which had previously caused outbreaks of foodborne illnesses. In the…
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FDA Releases Leafy Greens STEC Action Plan
The U.S. Food and Drug Administration has released its plan to combat outbreaks of Shiga toxin-producing E. coli (STEC) carried by leafy greens. “Due to the reoccurring nature of outbreaks associated with leafy greens, FDA has developed this commodity-specific action plan,” the announcement states. “Expediting the improved safety of leafy greens will require collaboration between…
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Center for Food Safety Challenges Organic Certification for Hydroponic Food
The Center for Food Safety (CFS) and several agricultural firms have filed a lawsuit against the U.S. Department of Agriculture (USDA) challenging the agency’s denial of the group’s petition seeking to ban organic certification of hydroponic food growers. Ctr. for Food Safety v. Perdue, No. 20-1537 (N.D. Cal., filed March 2, 2020). USDA denied CFS’s…
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“Farmstand” Tropicana Contains Malic Acid, Plaintiff Argues
Two consumers have filed a putative class action alleging that Tropicana misleads consumers by implying that its products are natural despite containing malic acid. Willard v. Tropicana Mfg. Co., No. 20-1501 (N.D. Ill., filed February 28, 2020). The complaint argues that Tropicana “tricks consumers” into buying products by “omitting the legally required disclosures” about artificial…
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Putative Class Action Alleges Ruffles Chips Contain Artificial Flavor
A plaintiff has alleged that Frito-Lay North America Inc. fails to include a mandated front-of-package disclosure that its Cheddar and Sour Cream chips are flavored with artificial flavoring. Ithier v. Frito-Lay N. Am. Inc., No. 20-1810 (S.D.N.Y., filed March 1, 2020). The complaint asserts that “[b]ased on flavor composition analysis of the Products, the artificial…