Food & Beverage Litigation & Regulatory Update

Category: Issue

  • Updates to National List Published

    The U.S. Department of Agriculture (USDA) has published a set of changes to the National List of Allowed and Prohibited Substances, which documents the synthetic materials allowed or banned in the production and handling of organic agriculture. The amendments include the addition of “elemental sulfur for use as a molluscicide,” the addition of “polyoxin D…

  • Sen. Schumer Calls for FDA Action on Heavy Metals in Baby Food

    Sen. Chuck Schumer (D-N.Y.) has reportedly called for action from the U.S. Food and Drug Administration (FDA) in response to a study purportedly showing that 95% of baby foods contained at least some lead, arsenic, mercury or cadmium content. Schumer reportedly said that consumers “rightfully expect those foods to be undeniably safe, appropriately regulated and…

  • Kellogg Settles “Healthy” Cereal Suit for $20 Million

    The parties in a lawsuit alleging Kellogg Sales Co. misrepresented its cereals as healthy have reached an agreement that would require the company to pay $20 million in payments and make marketing changes valued at more than $11 million. Hadley v. Kellogg Sales Co., No. 16-4955 (N.D. Cal., filed October 21, 2019). The lawsuit alleged…

  • Plaintiff Challenges Probiotic Content of Kombucha

    A consumer has filed a putative class action alleging that Brew Dr. Kombucha LLC markets its products as containing “billions” of “live and active cultures” or “beneficial bacteria, yeasts and organic acids” despite containing “only 50,000” colony forming units. Amos v. Brew Dr. Kombucha LLC, No. 19-1663 (D. Ore., Portland Div., filed October 16, 2019).…

  • Advocacy Group Sues Hemp Co. in Prop. 65 Complaint

    The Environmental Research Center has filed a lawsuit alleging that Manitoba Harvest USA LLC Corp.’s food products contain lead and cadmium levels exceeding the amounts permitted by California’s Safe Drinking Water and Toxic Enforcement Act (Prop. 65). Envtl. Research Ctr. Inc. v. Manitoba Harvest USA LLC Corp., No. RG19038961 (Cal. Super. Ct., Alameda Cty., filed…

  • Putative Class Action Challenges Sanderson Farms “100% Natural” Chicken

    Following the August 2019 dismissal of a lawsuit brought by advocacy groups alleging similar facts, a group of consumers has filed a putative class action alleging that Sanderson Farms Inc. misleads consumers by marketing its chicken as “100% Natural.” Lentz v. Sanderson Farms Inc., No. 19-6570 (N.D. Cal., filed October 11, 2019). The complaint alleges…

  • Study Compares Menu Items in U.K. Restaurants With and Without Calorie Labels

    U.K. researchers have published the findings of a comparison of calorie counts on menu items in restaurants that feature labeling of those counts and in restaurants without such labeling. Dolly R.Z. Theis & Jean Adams, “Differences in energy and nutritional content of menu items served by popular UK chain restaurants with versus without voluntary menu…

  • Additional Vanilla Lawsuits Filed

    Joining a number of pending putative class actions, a New York plaintiff’s firm has filed three lawsuits alleging that Wegmans Food Markets Inc., Whole Foods Market Group Inc. and Moran Foods LLC mislead consumers by marketing their products as vanilla-flavored while using artificial flavors. As with similar cases previously filed, the complaints target dairy and…