Category: Issue 749
-
Court Dismisses Beef “Product of the USA” Lawsuit
A New Mexico federal court has dismissed allegations that several food companies falsely labeled beef as a “Product of the USA” because the cattle were raised in other countries but brought to the United States for slaughter and processing. Shook attorneys represented Tyson Foods Inc. in the litigation. Lucero v. Tyson Foods Inc., No. 20-0106 (D.N.M.,…
-
EFSA Sets Tolerable Intake of PFAS
The European Food Safety Authority (EFSA) has released its assessment of perfluoroalkyl substances (PFAS)—a group of chemicals that can be found in food and food packaging—and their potential risks to human health. The agency has set the threshold for a group tolerable weekly intake of 4.4 nanograms per kilogram of body weight. EFSA noted that…
-
FDA Issues First Injunction Under Produce Safety Rule
The U.S. Food and Drug Administration (FDA) has announced that it has issued “the first consent decree of permanent injunction against a firm or grower for violating public safety standards under the Produce Safety Rule enacted under the Food Safety Modernization Act of 2011.” Fortune Food Product Inc. will be prohibited from “growing, harvesting, packing…
-
USDA Extends Hemp Comment Period
The U.S. Department of Agriculture has announced that it will provide an additional 30 days for public comments on the interim final rule (IFR) that established the Domestic Hemp Production Program. According to the announcement, “Comments are solicited from all stakeholders, notably those who were subject to the regulatory requirements of the IFR during the…
-
FDA Announces Flexibility on Nutrition Facts Enforcement for Smaller Manufacturers
The U.S. Food and Drug Administration (FDA) has announced that it will not initiate enforcement actions for the updated Nutrition and Supplement Facts label requirements in 2021 against food manufacturers with less than $10 million in annual food sales. The updated requirements are scheduled to take effect January 1, 2021. “Although the compliance date will…
-
Oklahoma Plant-Based Meat Law Challenged
Upton’s Naturals Co. and the Plant Based Foods Association have filed a First Amendment challenge to Oklahoma’s law requiring manufacturers of plant-based meat products to include a disclaimer on the labels of products that are named after animal-derived products, such as “burgers.” Upton’s Naturals Co. v. Stitt, No. 20-0938 (W.D. Okla., filed September 16, 2020). The…
-
Nut Blend Contains Too Many Peanuts, Plaintiff Argues
A consumer has filed a lawsuit alleging that Star Snacks Co.’s Imperial Nuts Energy Blend “is deceptively marketed as containing mostly almonds, pecans and walnuts when in actuality is composed of more peanuts than all the other contents combined.” Andrews v. Star Snacks Co., No. 20-1357 (N.D. Ala., filed September 11, 2020). The plaintiff alleges…
-
Plaintiff Challenges Oil Content in “All Butter Pound Cake”
A plaintiff has alleged that he was misled by the packaging on Sara Lee Frozen Bakery’s All Butter Pound Cake because he believed butter to be the only shortening ingredient when the cake actually contained soybean oil as well. Briley v. Sara Lee Frozen Bakery LLC, No. 20-7276 (S.D.N.Y., filed September 4, 2020). The complaint asserts,…