Food & Beverage Litigation & Regulatory Update

Category: Issue

  • Employee Files Biometric Privacy Suit Against Beverage Retailer

    Binny’s Beverage Depot faces a putative class action alleging the company violated the Illinois Biometric Information Privacy Act (BIPA) by collecting and sharing employee biometric information without informed consent. Burger v. Gold Standard Enters., Inc., No. 2018CH05904 (Ill. Ch. Ct., Cook Cty., filed May 7, 2018). The plaintiff alleges that Binny’s established a fingerprint-based time-clock program and…

  • FDA Issues Supplemental Guidance for Menu Nutrition Labels

    The U.S. Food and Drug Administration (FDA) has announced the availability of “Menu Labeling: Supplemental Guidance for Industry,” which includes an advisory of FDA’s intent to exercise discretion regarding nutrient declarations for calories from fat. FDA has taken this position “because the current science supports a view that the type of fat is more relevant…

  • USDA Releases Proposed Bioengineered Ingredients Standard

    The Agricultural Marketing Service (AMS) of the U.S. Department of Agriculture (USDA) has released the proposed National Bioengineered Food Disclosure Standard, which would establish “a mandatory uniform national standard for disclosure of information to consumers.” The proposal defines “bioengineered food” as food “that contains genetic material that has been modified through in vitro recombinant deoxyribonucleic…

  • FDA Extends Compliance Dates For Updated Nutrition Labels

    The U.S. Food and Drug Administration (FDA) has extended the compliance date for its changes to food nutrition labels. The extension applies to rules on (i) providing updated nutrition labeling on food; (ii) defining a single-serving container; (iii) requiring dual-column labeling for certain containers; (iv) updating, modifying and establishing certain reference amounts customarily consumed; and…

  • Advocacy Groups Seek to Compel FDA Ruling on Food Additive Petition

    Eight advocacy groups have filed a joint petition for a writ of mandamus to compel the U.S. Food and Drug Administration (FDA) to rule on a 2016 citizen petition seeking recission of approval for several artificial flavorings used in food that have been linked to cancer. Breast Cancer Prevention v. FDA, No. 18-71260 (9th Cir.,…

  • Challenge to Organic DHA Milk Preempted By OFPA

    Ruling that the plaintiff’s claims are preempted by the Organic Foods Production Act (OFPA), a federal court in California has dismissed a putative class action alleging Danone North America’s Horizon Organic milk is not organic because it contains DHA. Brown v. Danone N. Am. LLC, No. 17-7325 (N.D. Cal., entered May 1, 2018). Noting that…

  • Plaintiff Claims E. Coli Infection From Red Lobster’s Romaine

    An Arizona woman has sued Red Lobster Hospitality alleging that she contracted E. coli from eating a salad at a Red Lobster in Phoenix. Styles v. Red Lobster Hospitality, LLC, No. 18-1361 (D. Ariz., filed May 1, 2018). The plaintiff alleged she ate the salad, which contained romaine lettuce, on March 23, 2018, and became ill…

  • Hawaii To Ban Chlorpyrifos, Restrict Pesticide Use Near Schools

    The Hawaii Legislature has passed a bill banning the use of pesticides containing chlorpyrifos and prohibiting restricted-use pesticides near schools. The legislation would prohibit the use of chlorpyrifos beginning January 1, 2019, but allow for the grant of temporary extensions through 2022. Hawaii’s Department of Agriculture will also be required to produce a summary of pesticide use by…