Food & Beverage Litigation & Regulatory Update

Category: Issue

  • WHO Announces Plan to Eliminate Trans Fat from Global Food Supply

    The World Health Organization (WHO) has announced “a step-by-step guide for the elimination of industrially-produced trans-fatty acids from the global food supply.” The plan consists of six steps represented by the acronym REPLACE: (i) “review” sources of trans fat and the landscape for policy change; (ii) “promote” the replacement of trans fats; (iii) “legislate” regulatory…

  • USDA Ends Discussion of Organic Checkoff Program

    The U.S. Department of Agriculture (USDA) has announced the termination of a rulemaking proceeding that “proposed to establish a national research and promotion program for certified organic products under authority of the Commodity Promotion, Research and Information Act of 1996.” The Organic Trade Association proposed the program in 2015, and USDA accepted comments on the…

  • EFSA Releases Results of Glyphosate Review

    The European Food Safety Authority (EFSA) has reviewed data on glyphosate residues on crops and determined that “current exposure levels are not expected to pose a risk to human health.” The review includes two reports examining crops grown for human consumption as well as crops used in animal feed. EFSA reportedly relied on comparisons between…

  • Senate Bill Would Allow Sales of Local Meat Across State Lines

    U.S. Sens. Mike Rounds (R-S.D.) and Angus King (I-Maine) have introduced a bill that “would allow meat and poultry products inspected by state Meat and Poultry Inspection (MPI) programs to be sold across state lines,” according to a press release. The senators assert that although the inspection programs of 27 states meet or exceed federal…

  • Wine Needs No Additional Prop. 65 Warning for Arsenic, Appeals Court Confirms

    A California appeals court has affirmed a lower court’s dismissal of a lawsuit asserting that Sutter Home Winery Inc.’s wine should feature a warning about arsenic content pursuant to the state’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65). Charles v. Sutter Home Winery Inc., No. B275295 (Cal. App. Ct., 2nd Dist.,…

  • Florida Challenges Restaurant’s “Farm-To-Table” Claim

    The Florida attorney general has filed a lawsuit alleging Miami-based Icebox Cafe violated the state’s Deceptive and Unfair Trade Practices Act by advertising its food and beverage items as locally sourced and “farm-to-table” while the ingredients were purchased from traditional commercial vendors. Office of the Attorney Gen. v. Icebox Cafe LC, No. __ (Fla. Cir. Ct., Miami-Dade…

  • Trader Joe’s in Mislabeling, Trademark Disputes

    A consumer has filed a putative class action alleging Trader Joe’s Co. falsely advertises its Sour Gummies by failing to disclose that the product contains d-l-malic acid. Wong v. Trader Joe’s Co., No. 18-0869 (S.D. Cal., removed to federal court May 4, 2018). The plaintiff asserts that under California law, “any artificial flavor must be identified on…

  • Plaintiff Alleges Hazelnut Coffee Lacks Front-of-Package Flavoring Disclosure

    A consumer has filed a putative class action alleging New England Coffee Company (NECC) mislabels its Hazelnut Crème Coffee by failing to include a front-label disclosure that the product contains natural and artificial flavors. Dumont v. Reily Foods Co., No. 18-10907 (D. Mass., filed May 7, 2018). “Rather, buried on the back side of the label in…