Category: Issue

  • Tradewinds Iced Tea Mislabeled “100% Natural,” Putative Class Action Alleges

    A consumer has filed a projected class action against Tradewinds Beverage Co. alleging the company’s iced tea products are misleadingly labeled as natural despite containing caramel color. Martin v. Tradewinds Beverage Co., No. 16-9249 (C.D. Cal., filed December 14, 2016). The plaintiff argues that she regularly paid a premium for Tradewinds Iced Tea products believing…

  • California Court Dismisses Cookie Suit Involving PHO Claims

    A California federal court has dismissed a lawsuit alleging Kellogg Co. misrepresents its Mother’s® Cookies products as free of trans fats despite containing partially hydrogenated oil (PHO). Hawkins v. Kellogg Co., No. 16-147 (S.D. Cal., order entered December 13, 2016). Details about the dismissal of a similar case involving the same plaintiff appear in Issue…

  •  USDA Wins Summary Judgment in Foie Gras Dispute

    A California federal court has granted the U.S. Department of Agriculture’s (USDA’s) motion for summary judgment in a case alleging the agency acted arbitrarily in denying a petition to prohibit foie gras produced from force-fed poultry. Animal Legal Def. Fund v. USDA, No. 12-4028 (C.D. Cal., order entered December 14, 2016). In the petition for…

  • U.S. Codex Delegates Schedule Spices and Culinary Herbs Meeting

    The U.S. Department of Agriculture’s Office of the Deputy Under Secretary for Food Safety and the Agricultural Marketing Service are convening a January 17, 2017, public meeting in Washington, D.C., to evaluate draft positions for consideration at the 3rd Session of the Codex Committee on Spices and Culinary Herbs (CCSCH) slated for February 6-10 in…

  • FTC Issues Agenda for PrivacyCon 2017

    The Federal Trade Commission’s (FTC’s) second public forum targeting the privacy and security implications of emerging technologies will cover topics that include (i) the Internet of Things and big data, (ii) mobile privacy, (iii) consumer privacy expectations, (iv) online behavioral advertising, and (v) information security. Slated for January 12, 2017, at the FTC’s Constitution Center…

  • USDA Revises Thinking About Date Labeling

    Citing the need to help curb food loss and waste, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has announced new guidance that encourages food manufacturers and retailers to use the phrase “Best if Used by” on date labeling. Infant formula is the only product currently subject to mandatory date labeling under federal…

  • FDA Issues Guidance on the Use of Fruit and Vegetable Juices as Color Additives

    Responding to food manufacturers’ requests, the U.S. Food and Drug Administration (FDA) has published industry guidance to clarify when fruit and vegetable juices “may be used as color additives for foods without additional premarket review and approval from the agency under its color additive petition process.” Under current regulations, the agency provides that “the safety…

  • FDA Denies CSPI Petition for Vibrio Performance Standard in Shellfish

    The U.S. Food and Drug Administration (FDA) has denied a February 9, 2012, petition filed by the Center for Science in the Public Interest (CSPI) that requested “a performance standard of non-detectable as determined by the best available method of detection for Vibrio vulnificus in molluscan shellfish intended for raw or processed raw consumption.” Citing…