Food & Beverage Litigation & Regulatory Update

Category: Issue

  • OEHHA Accepting Comments on Lead Levels in Candy

    California’s Office of Environmental Health Hazard Assessment (OEHHA) has announced a public hearing on a petition to issue regulations setting “naturally occurring” lead levels in candy containing chili or tamarind. The hearing, which will be webcast, is tentatively scheduled for June 19, 2017. Comments on the petition may be submitted by email or in writing…

  • FDA Announces Decisions on Perchlorate in Food Seals, Packaging

    The U.S. Food and Drug Administration (FDA) denied a citizen petition to ban the use of perchlorates in dry food packaging while revoking regulations permitting the use of potassium perchlorate in food­-container seals, saying industry makers no longer use the chemical. FDA said it will amend food additive regulations allowing the use of potassium perchlorate…

  • SSB Tax Initiative Fails in Santa Fe

    Voters in Santa Fe, New Mexico, rejected a sugar­-sweetened beverage (SSB) tax initiative that would have raised the price of SSBs by 2 cents per ounce. Political action committees, industry groups and advocacy organizations reportedly spent $3.25 million on the vote. Campaign finance reports show that Michael Bloomberg, who began his campaign for SSB taxes…

  • FDA Extends Menu Labeling Compliance Date to 2018

    The U.S. Food and Drug Administration (FDA) has extended the compliance date for calorie-­count menu labeling from May 5, 2017, to May 7, 2018, and is inviting public comment on the issue. The menu-­labeling rule applies to restaurants with 20 or more locations, as well as “grab-­and-­go” foodservice vendors such as supermarkets, coffee shops and…

  • Study Alleges Diet Soda Linked to Increased Stroke and Dementia Risk

    A study examining the health effects of sugary and artificially sweetened beverages has allegedly concluded that consumption of the latter was associated with an increased risk of stroke and dementia. Matthew P. Pase et al., “Sugar­ and Artificially Sweetened Beverages and the Risks of Incident Stroke and Dementia,” Stroke, May 2017. Based on data from…

  • Jagermeister Files TTAB Opposition to Application for Deer Head Mark

    Mast­Jagermeister SE has filed an opposition to a trademark application by apparel company Offseason Outdoors for a logo featuring a deer’s head. Mast­Jagermeister SE v. Offseason Outdoors, No. 91234087 (T.T.A.B., opposition filed April 19, 2017). Jagermeister, which marks its alcohol products with deer head images, filed its notice of opposition to Offseason’s trademark application, claiming…

  • Omaha Steaks Faces Shipping Charges Class Action

    A California plaintiff has filed a projected class action against Omaha Steaks alleging the company’s shipping and handling charges “greatly exceed” the actual cost of shipping items to consumers. McCoy v. Omaha Steaks Int’l, No. BC658076 (Sup. Ct. Cal., Los Angeles Cty., filed April 14, 2017). The plaintiff asserts that he was charged $15.99 in…

  • Chobani Sues Alex Jones for Defamation

    Chobani LLC has reportedly filed a libel suit against Alex Jones, radio host and founder of Infowars, alleging Jones defamed the company with a report that its Idaho factory was linked to a child sexual assault case and a rise in incidents of tuberculosis. Chobani LLC v. Jones, No. 42­17­1659 (Idaho 5th Jud. D. Ct.,…