Category: Issue 751
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Court Dismisses Mott’s “Natural” Juice Lawsuit
A California federal court has dismissed a putative class action alleging that Mott’s apple juices and applesauce are not “natural” as marketed because they contain trace amounts of pesticides. Yu v. Dr Pepper Snapple Grp. Inc., No. 18-6664 (N.D. Cal, entered October 6, 2020). The complaint was previously dismissed without prejudice, and the amended version…
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Sugar Content of “Lightly Sweetened” Tea Challenged
A group of consumers has filed a putative class action alleging the Healthy Beverage Co. LLC misleadingly labels its products as “lightly sweetened” because the product contains 20 grams of added sugar, or 40% of the recommended daily intake. Pierre v. Healthy Beverage Co. LLC, NO. 20-4934 (E.D. Penn., filed October 6, 2020). The complaint…
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Irish Court Classifies Subway Bread as Confectionery Item
The Supreme Court of Ireland has held that Subway’s breads are subject to value-added tax (VAT) because they contain too much sugar to be considered a staple product. Under the country’s VAT law, bread can contain up to 2% sugar in the flour to be classified as a staple product exempt from the tax; Subway’s…
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Malic Acid Suit Filed Against True Lemon
Grand Brands Inc. allegedly markets its True Lemon powdered drink mixes as “naturally flavored” despite containing malic acid, a plaintiff alleges. Tedesco v. Grand Brands Inc., No. 20-1928 (S.D. Cal., filed September 28, 2020). The complaint asserts that Grand Brands fails to identify the type of malic acid included in its products and alleges that…
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FDA Finds Milk Allergens in Dark Chocolate Samples
The U.S. Food and Drug Administration (FDA) has announced the results of a study examining 52 dark chocolate products, determining that four of the products had potentially hazardous levels of milk allergens. “The agency found the 12 samples from the four products to have milk allergen levels ranging from 600 ppm to 3,100 ppm,” the…
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USDA Denies Veal Group’s Petition on Regulatory Definitions
The Food Safety and Inspection Service (FSIS), a part of the U.S. Department of Agriculture (USDA), has responded to a petition submitted by the American Veal Association aiming to establish “a regulatory definition for veal and other immature cattle that reflects established industry practices.” The petition included a proposed definition and suggested subcategories for “milk-fed…
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FDA to Hold Meetings on Proposed Traceability Records Requirements
The U.S. Food and Drug Administration will host three virtual public meetings to discuss the proposal of additional traceability records required for high-risk foods. All three meetings “will cover the same agenda items and are intended to facilitate and support the public’s evaluation and commenting process.” The meetings will be held November 6, November 18…
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APHIS to Amend National Poultry Improvement Plan
The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) has announced that it will amend regulations governing the National Poultry Improvement Plan (NPIP). The amendments “establish a U.S. Newcastle Disease Clean program within the NPIP, create an NPIP subpart specific to game birds, revise testing requirements, and clarify existing provisions of the…