Food & Beverage Litigation & Regulatory Update

Category: Issue

  • FDA Ponders the Nature of Nutella®

    The U.S. Food and Drug Administration (FDA) has requested public input on how consumers use “flavored nut butter spreads and products that can be used to fill cupcakes and other desserts,” as part of its effort to establish a reference amount customarily consumed (RACC) and serving size for these products. Responding to a March 4,…

  • FTC Approves Order to Preserve Supermarket Competition

    The Federal Trade Commission (FTC) has approved a modified final order settling charges that the $28-billion merger of Delhaize Group NV/SA and Koninklijke Ahold N.V. would be anticompetitive. In re Koninklije Ahold N.V., No. C-4588 (F.T.C., order entered October 14, 2016). According to the modified order, the companies must divest 81 stores—including locations of Giant,…

  • Cornucopia Institute Asks USDA to Investigate Hydroponic Produce Organic Certification

    The Cornucopia Institute has filed a complaint with the U.S. Department of Agriculture “requesting an investigation into the organic certification of hydroponic operations in the U.S. that appear to conflict with the statutory language of the Organic Foods Production Act (OFPA) of 1990 and current federal regulations governing organic food production.” The organization argues that…

  • Vegetarian Sues Buffalo Wild Wings for “Meatless” Dishes Cooked in Beef Tallow

    A New York consumer has filed a lawsuit against Buffalo Wild Wings, Inc. (BWW) alleging the company misleads vegetarian customers into believing the restaurant chain offers vegetarian fare when certain offerings are actually cooked in beef tallow. Borenkoff v. Buffalo Wild Wings, Inc., No. 8532 (S.D.N.Y., filed November 2, 2016). The complaint asserts that BWW does…

  • Putative Class Action Targets Hormel’s “100% Natural,” “No Preservatives” Meat

    A consumer has filed a proposed class action against Hormel Foods Corp. alleging the company misrepresents its meat products as natural and free of preservatives despite containing synthetic or genetically modified ingredients, including cultured celery powder, baking powder and maltodextrin. Phelps v. Hormel Foods Corp., No. 16-62411 (S.D. Fla., Ft. Lauderdale Div., filed October 11,…

  • Too Much Sugar in Dole Fruit Products, Plaintiff Alleges

    A consumer has filed a putative class action against Dole Packaged Foods, LLC alleging the company’s products contain too much added sugar to be labeled as “rich in nutrients” or “healthy.” Amaya v. Dole Packaged Foods, LLC, No. 15-7734 (C.D. Cal., filed October 18, 2016). The complaint first details research connecting added sugar intake to…

  • McCormick Black Pepper Slack-Fill Suit to Continue

    A D.C. federal court has denied McCormick & Co.’s motion to dismiss a competitor’s lawsuit alleging the company’s black pepper packaging contains too much slack fill. In re McCormick & Co., Inc., Pepper Prods. Mktg. & Sales Practices Litig., No. 15-1825 (D.D.C., order entered October 17, 2016). The lawsuit is part of multidistrict litigation joining…

  • Malaysia to Require Food Sellers to Remove “Dog” from Hot Dogs

    The Malaysian Islamic Development Department (MIDD) has reportedly ruled that hot dogs cannot be granted halal certification unless they are renamed to remove “dog” from the name. “In Islam, dogs are considered unclean and the name cannot be related to halal certification,” MIDD Director Sirajudden Suhaimee told the BBC. Pretzel franchise Auntie Anne’s was reportedly…