Food & Beverage Litigation & Regulatory Update

Category: Issue

  • SCOTUS Denies Certiorari in Egg Cases

    The U.S. Supreme Court has denied certiorari in a six-­state coalition’s attempt to block enforcement of a California law requiring egg­-production facilities to provide hens enough space to extend their limbs and turn around. Missouri v. Becerra, No. 16­-1015 (U.S., denial of certiorari entered May 30, 2017). The rule affects private egg producers within each…

  • Appeals Court Reverses Dismissal of Whole Foods Overcharging Suit

    The U.S. Court of Appeals for the Second Circuit has reversed a lower court’s dismissal of a proposed class action alleging Whole Foods Market Group, Inc. overcharges for prepackaged foods. John v. Whole Foods Mkt. Grp., Inc., No. 16-­0986 (2nd Cir., order entered June 2, 2017). The plaintiff alleged that he routinely purchased prepackaged foods…

  • FDCA Preempts Underfilled Tuna Claims, Court Holds

    A California federal court has granted a motion to dismiss a consolidated proposed class action alleging Trader Joe’s underfilled its five-­ounce cans of tuna, holding the plaintiffs’ claims are preempted by the Federal Food, Drug and Cosmetic Act (FDCA). In re Trader Joe’s Tuna Litig., No. 16-­1371 (C.D. Cal., order entered June 2, 2017). The…

  • 5-­Hour Energy® Plaintiffs Denied Class Certification

    A federal court has denied class certification to plaintiffs in multidistrict litigation involving false advertising claims for 5­-Hour Energy® drinks, finding they failed to allege that common issues predominate over individual ones, including a common definition of “energy.” In re 5-­Hour Energy Mktg. and Sales Practices Litig., No. 13-­2438 (C.D. Cal., order entered June 7, 2017).…

  • Advocacy Groups Sue FDA for Menu Info Delay

    The Center for Science in the Public Interest (CSPI) and National Consumers League have filed a lawsuit alleging the U.S. Food and Drug Administration’s (FDA’s) decision to delay implementation of rules requiring chain restaurants and food sellers to display nutritional information violated the Administrative Procedure Act. Ctr. for Sci. in the Pub. Interest v. Price, No. 17­-1085 (D.D.C., filed…

  • Italians Dispute “Made in Italy” Definition in Food­-Source Labeling Initiative

    Italian food producers reportedly disagree on how to define whether a food product is “made in Italy” in accordance with the country’s attempt to distinguish food produced in Italy, such as parmesan cheese or prosecco, from similar foods produced outside of the country. The dispute centers on whether foods manufactured in Italy using foreign ingredients…

  • OEHHA Hearing on Lead Levels In Candy Rescheduled for July 2017

    California’s Office of Environmental Health Hazard Assessment (OEHHA) has announced that a public hearing on “naturally occurring” lead levels in chili or tamarind candy has been rescheduled for July 6, 2017. Comments on the petition may be submitted by email or in writing by July 20, 2017.   Issue 637

  • ASA Blocks Dairy Farm’s Environmental Advertising

    The U.K. Advertising Standards Authority (ASA) upheld a complaint arguing an advertisement for Arla Foods’ organic milk was misleading because it included the statements “Good for the land” and “helping support a more sustainable future.” ASA reviewed evidence the company provided about its organic farming methods but concluded that the dairy had failed to substantiate…