Food & Beverage Litigation & Regulatory Update

Category: Issue

  • Coconut Water Maker Faces “Cold-Pressed” Putative Class Action

    A consumer has filed a putative class action alleging Pure Brazilian’s “cold-pressed” coconut water undergoes high-pressure processing that “reduces the biological, enzymatic and bacterial activity” of the water, allegedly amounting to false advertising and fraud. Khallili v. Pure Brazilian LLC, No. 17-6425 (E.D.N.Y., filed November 5, 2017). The complaint asserts that high-pressure processing not only…

  • FDA Releases Supplemental Draft Guidance for Menu Labeling

    In accordance with an August 2017 announcement, the U.S. Food and Drug Administration (FDA) has released supplemental draft guidance on menu-labeling requirements to address concerns raised by restaurant franchisees, grocery and convenience stores that sell “grab-and-go” food, and others affected by the rule, which is scheduled to take effect in 2018. The guidance provides details…

  • Farm Groups Protest USDA Decision to End FFPR

    More than 80 agricultural trade and advocacy groups have sent a letter to the White House requesting immediate action to implement the Farmer Fair Practices Rules, which would allow farmers to take legal action against foreign and multinational corporate entities to challenge anti-competition practices and contracts to produce livestock and poultry. The U.S. Department of…

  • Snyder’s-Lance Appeals TTAB Denial of Pretzel Crisps Trademark

    Snyder’s-Lance, Inc. has filed a lawsuit in North Carolina federal court appealing a Trademark Trial and Appeal Board (TTAB) ruling that found the term “Pretzel Crisps” to be generic, arguing that TTAB “failed to consider all the evidence of the public’s perception of the Pretzel Crisps brand, despite clear direction from the Federal Circuit to…

  • Scotland Opens Diet and Health Proposals to Public Comment

    The Scottish Government is seeking public comment on a consultation that proposes actions to improve diet and reduce obesity in Scotland. The government previously announced funding of more than $55 million over five years to limit the marketing of food high in fat, sugar and salt and provide weight-loss support for people with type 2 diabetes.…

  • WHO Recommends Ending Use of Antibiotics in Healthy Animals

    The World Health Organization (WHO) has announced the availability of guidelines recommending against the routine use of antibiotics in healthy animals. WHO cited a meta-analysis funded by the agency and reported in The Lancet concluding that interventions restricting antibiotic use could be effective in reducing antibiotic resistance. “Scientific evidence demonstrates that overuse of antibiotics in animals can contribute…

  • NOSB Votes to Continue Allowing Hydroponics

    The National Organic Standards Board (NOSB) has reportedly voted to continue allowing food grown in water-based nutrient solutions to be labeled “organic,” rejecting a challenge brought by organic-food producers. The board will also allow aquaponics, which combine hydroponic systems with farmed fishing operations, but will prevent products grown with aeroponics—plants suspended in air with the…

  • Ninth Circuit Affirms Dismissal of Copyright Claims for Lack of Jurisdiction

    A California federal court has affirmed the dismissal of copyright infringement claims for lack of personal jurisdiction, holding that “a theory of individualized targeting” will not support specific jurisdiction. Axiom Foods, Inc., v. Acerchem Int’l, Inc., No. 15-56450 (9th Cir., entered November 1, 2017). Axiom Foods, Inc., which supplies organic and “chemical-free” products to food and…