Category: Issue 780
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Court Dismisses Part of Gorton’s “Sustainably Sourced” Lawsuit
A Massachusetts federal court has granted a motion to dismiss a request for injunctive relief but allowed to continue other claims alleging that Gorton’s Inc. misleads consumers by marketing its tilapia products as “sustainably sourced.” Spindel v. Gorton’s Inc., No. 22-10599 (D. Mass., entered August 24, 2022). The court noted that in a hearing, Gorton’s…
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EU Changing Rules on Ethylene Oxide as Food Additive
A notice in the Official Journal of the European Union has announced a tightening of restrictions on the allowable amount of ethylene oxide, “an important chemical substance having multiple uses, including the use as a sterilising agent and as a raw material in the manufacture of various products,” that is “a substance of concern classified…
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Whole Foods’ “No Antibiotics, Ever” Campaign Misled Consumers, Plaintiffs Allege
A group of California consumers and an animal welfare nonprofit have filed a putative class action against Whole Foods, alleging the grocer misled consumers about whether its beef products were truly antibiotic-free. Safari v. Whole Foods Market, Inc., No. 22-01562 (C.D. Cal., filed Aug. 23, 2022). The plaintiffs alleged that Whole Foods’ “No Antibiotics, Ever” slogan…
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USDA Issues Final Rule Rolling Back Dual Labeling Regulations
The U.S. Department of Agriculture has released its final rule amending its labeling provisions requiring dual labeling for meat or poultry products, which will take effect Oct. 17, 2022. The proposed rule sought to amend the Food Safety and Inspection Service’s (FSIS) labeling regulations to remove provisions that require packages of meat or poultry products…
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Packaging of US-Made Feta Prompts Suit Alleging Consumer Fraud
A Florida consumer has sued cheesemaker Lactalis American Group, Inc., alleging the company misrepresented the authenticity of its President-branded feta cheese. Gallagher v. Lactalis American Group, Inc., No. 22-00614 (W.D.N.Y., filed Aug. 14, 2022). The plaintiff alleges that Lactalis misrepresented its feta cheese as made in Europe under the President brand, when it is made in…