Category: Issue
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Seventh Circuit Dismisses Hacky Sack Suit Against Wendy’s
The U.S. Court of Appeals for the Seventh Circuit has ruled that the Guinness World Records holder for hacky sack kicks has no valid claims for false advertisement, false endorsement or right of publicity against Wendy’s International Inc., which distributed a hacky sack with a children’s meal and challenged children to break the plaintiff’s record.…
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USDA Withdraws Organic Livestock and Poultry Rule
The U.S. Department of Agriculture (USDA) has issued a final rule withdrawing the Organic Livestock and Poultry Practices Rule, leaving existing organic regulations in effect. The USDA announcement noted that withdrawal was opposed by “consumers, organic farmers, organic handlers, organizations representing animal welfare, environmental, or farming interests, trade associations, certifying agents and inspectors, and retailers.”…
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ASA Rules “Natural” Claims Misleading
The U.K. Advertising Standards Authority (ASA) has upheld a complaint that a “100% Natural Ingredients” claim was misleading because the processing of the snack bar’s ingredients did not comply with the Food Standards Agency’s (FSA’s) criteria for use of the term “natural.” United Biscuits submitted a list of ingredients for its “Go Ahead Goodness” snack…
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French Baker Fined For Keeping Bakery Open
A French bakery owner who opened his storefront seven days a week to accommodate tourist crowds has reportedly been fined €3,000 for violating a regional law mandating that bakeries close at least one day each week. Cédric Vaivre, owner of Boulangerie du Lac, operates the only bakery in his Aube town; during previous summers, he…
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Court Expresses Doubt on FDA’s “Good-Faith Efforts” to Define “Natural”
A New York federal court has issued a decision seemingly aiming to spur action from the U.S. Food and Drug Administration (FDA), which has purportedly exhibited “no discernible activity” to establish a definition of “natural.” In re Kind LLC “Healthy and All Natural” Litig., No. 15-2645 (S.D.N.Y., entered March 2, 2018). Kind LLC previously filed motions to…
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US, EU Near Agreement on Shellfish Trade
The U.S. Food and Drug Administration (FDA) has proposed to allow the import of raw bivalve molluscan shellfish—including clams, mussels, oysters and scallops—harvested in the Netherlands and Spain by officially acknowledging that the EU food-safety system provides “at least the same level of sanitary protection as the United States’ system and is therefore equivalent.” The…
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University Sues Professor’s Company for Fruit Cultivar Patent Infringement
Washington State University (WSU) has filed a lawsuit alleging Phytelligence Inc., a WSU horticulture professor’s company, sold an apple cultivar to a third party, breaching a propagation contract and infringing the university’s patent. Wash. State Univ. v. Phytelligence Inc., No. 18-0361 (W.D. Wash., filed March 8, 2018). WSU allegedly agreed to allow Phytelligence, which aims…
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Critics Question Yelp’s Health Inspection Alerts
An alert appearing on Yelp that discloses San Francisco health inspection scores may “improve the functioning of markets” and help consumers make “better decisions,” but critics reportedly say the posted scores illustrate the failures of the city’s food-safety inspection system. Two researchers, who authored “Digitizing Disclosures: The Case of Restaurant Hygiene Scores,” previously helped Yelp design…