Category: Issue
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Companies Dispute the Use of “Delicious Tamales”
Delicious Inc. has filed a lawsuit alleging Texas restaurant Delicious Tamales and its owners have infringed on Delicious Inc.’s trademark. Delicious Inc. v. Lopez, No. 18-0041 (W.D. Tex., filed January 12, 2018). Delicious Inc. argues that it has owned the federal rights to the “Delicious Tamales” mark since 2012 in the categories of “Tamales, bunuelos, hot…
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EFSA Seeks Public Comment on Nanotechnology
The European Food Safety Authority (EFSA) has opened a public consultation period on draft guidance for the agency’s risk assessment of nanoscience and nanotechnology applications in human and animal food. The draft, intended to update the 2011 guidance, will include coverage of novel foods, food contact materials, food and feed additives and pesticides. It also…
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FDA To Expedite Recall Announcements
The U.S. Food and Drug Administration (FDA) has issued draft guidance aiming to increase and expedite product warnings and recalls. According to FDA Voice, recall information has historically not been released to the public until after a weeks- or months-long evaluation and classification process. The agency plans to add “not-yet-classified” recalls of drugs, food and veterinary…
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FDA Announces Intent Not to Enforce Portions of FSMA
The U.S. Food and Drug Administration (FDA) has announced it will not enforce certain provisions of the Food Safety Modernization Act (FSMA) because the agency needs more time to consider “the complex supply chain relationships and resource requirements” related to definitions and required disclosures. Among other issues, FDA stated, are questions about factors such as…
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Switzerland Bans Boiling of Lobsters
The Swiss government has reportedly banned the culinary practice of boiling live lobsters, mandating that the lobsters must be killed instantly by “mechanical destruction” or stunned before they are killed. Passed in response to concerns over studies that suggest crustaceans such as lobsters and crabs can feel pain, the law also outlaws transport of live crustaceans on…
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Proposed Class Action Filed Over Butter and Corn Syrup Labeling
A consumer has filed a lawsuit alleging Schwan’s Co. falsely advertises Mrs. Smith’s Original Flaky Crust Pies as made with “real butter” despite allegedly containing a vegetable and butter shortening blend. Leguette v. Schwan’s Co., No. 17-7599 (E.D.N.Y., filed December 31, 2017). The plaintiff alleges that she bought a Mrs. Smith’s apple pie because the…
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Court Rules Organic Labeling Suit Preempted by Federal Law
A federal court has dismissed a lawsuit alleging Earth’s Best falsely labels its infant and toddler foods as organic, asserting that the foods contain at least 29 ingredients not permitted to be labeled as such under the Organic Food Production Act of 1990 (OFPA). Organic Consumers Ass’n v. Hain Celestial Grp., Inc., No. 16-0925 (D.D.C., entered…
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Media Warns Against “Raw Water” Trend
An increasing number of companies are selling “raw water,” or “unfiltered, untreated, unsterilized spring water,” according to the New York Times. The companies target consumers seeking to leave the country’s water infrastructure over concerns about treatments the water undergoes and the lead pipes that sometimes carry it to its destinations. One “water consciousness movement” start-up offers…