Category: Issue
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Plaintiff Alleges Naan is Misrepresented as Tandoor-Baked
A woman has filed a putative class action alleging that FGF Brands (USA) Inc. misleads consumers by falsely marketing Stonefire Naan as baked in a tandoor oven. Friend v. FGF Brands (USA) Inc., No. 18-7644 (N.D. Ill., E. Div., filed November 16, 2018). Naan requires a “labor-intensive cooking process,” the complaint asserts, and the plaintiff…
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Malic Acid Putative Class Actions Filed Against Utz, Talking Rain
Plaintiffs represented by the same plaintiff’s firm have filed lawsuits alleging that companies mislead consumers by labeling their foods as flavored naturally despite containing malic acid. Lepiane v. Utz Quality Foods LLC, No. 18-2659 (S.D. Cal., filed November 20, 2018); Augustine v. Talking Rain Beverage Co., No. 18-2576 (S.D. Cal., filed November 9, 2018). The…
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Citric Acid Invalidates Soda’s “Preservative-Free” Claim, Lawsuit Alleges
A consumer has filed a putative class action alleging that Reed’s Inc. misleads consumers by labeling its Virgil’s Sodas as made with “natural ingredients” and “no preservatives” despite containing citric acid. Mason v. Reed’s Inc., No. 18-10826 (S.D.N.Y., filed November 19, 2018). The complaint asserts that citric acid “is a synthetic compound” “usually produced from…
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“Wizard of Oz” Owner Challenges Brewery’s Trademark Application for “Surrender Dorothy”
Turner Entertainment Co. has filed an opposition to Sligo Mill Brewing Co.’s application to trademark “Surrender Dorothy,” arguing that consumers will be misled into believing that the brewery is associated with “The Wizard of Oz.” Turner Entm’t Co. v. Sligo Mill Brewing Co., Opp. No. 91244715 (U.S.P.T.O., filed November 13, 2018). Turner, which owns trademark…
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Poll Finds Americans “Closely Divided” on Health Risks from Food Additives
A Pew Research Center poll has reportedly found that Americans are “of two minds about food additives” because about half “say the average person faces a serious health risk from food additives over their lifetime (51%) while the other half believes the average person is exposed to potentially threatening additives in such small amounts that…
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Spices and Herbal Remedies Can Expose Children to High Levels of Lead, Researchers Report
The North Carolina Childhood Lead Poisoning Prevention Program has reportedly found that children can be exposed to elevated levels of lead through consumption of spices and herbal remedies. Angelon-Gaetz et al., “Lead in Spices, Herbal Remedies, and Ceremonial Powders Sampled from Home Investigations for Children with Elevated Blood Lead Levels – North Carolina, 2011-2018,” Centers…
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USDA, FDA Announce Joint Regulation of Cell-Cultured Livestock and Poultry Products
The U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) have announced after “several thoughtful discussions” that both agencies “should jointly oversee the production of cell-cultured food products derived from livestock and poultry.” The agencies’ statement announces a “joint regulatory framework wherein FDA oversees cell collection, cell banks, and cell growth and differentiation”…
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OEHHA Proposes Changes to Prop. 65 Exposure-Warning Requirements
California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed changes that aim to clarify the exposure-warning requirements of the state’s Safe Drinking Water and Toxic Enforcement Act (Prop. 65). The proposed changes amend the section of Prop. 65 requiring manufacturers to notify retailers or intermediaries about products that may cause exposure to a chemical…