Category: Issue

  • FDA Commissioner Questions Milk Standards Enforcement

    At a speaking engagement, U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb reportedly expressed that the agency’s standards of identity for milk have not been enforced. According to the standard of identity, milk is “the lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows,” a definition…

  • Cattle Producer Receives Warning on Antibiotic Use

    The U.S. Food and Drug Administration (FDA) has sent a warning letter to Roorda Dairy advising that an investigation of its premises revealed cattle sold for food that tested positive for unapproved antibiotics. The agency purportedly tested muscle tissue and found antibiotics used contrary to the approved label use and found no evidence of veterinary…

  • California Bans New Soda Taxes

    California Governor Jerry Brown has signed the Keep Groceries Affordable Act, a statute preventing local agencies in the state from imposing taxes or fees on groceries, including “carbonated and noncarbonated nonalcoholic beverages,” until January 1, 2031. The law, which exempts taxes that do not specifically refer to groceries as a target classification, also invalidates any…

  • Whole Foods Juice Allegations to Proceed on “Fresh,” “Unpasteurized” Claims

    A New York federal court has dismissed some allegations in a lawsuit alleging Whole Foods Market Group Inc. and Freshbev LLC mislabeled juice products but will allow three claims to proceed. Campbell v. Freshbev LLC, No. 16-7119 (E.D.N.Y., entered July 2, 2018). The plaintiff alleged that the companies mislabeled the juices as unpasteurized, cold-pressed and fresh and…

  • Plaintiffs Allege Campbell’s “No Preservatives” Soups Contain Chemical Preservatives

    Campbell Soup Co. faces a putative class action alleging that it deceptively markets its soups as having “No Preservatives Added” or being “Made With Patience, Not Preservatives” despite containing citric acid, ascorbic acid or other preservatives. Cabrega v. Campbell Soup Co., No. 18-3827 (E.D.N.Y., filed July 2, 2018). The complaint alleges that such statements violate consumer-protection statutes…

  • Lawsuit Challenges Kerrygold Butter’s Made From “Grass-Fed Cows” Claim

    A consumer has filed a putative class action alleging Ornua Foods North America misleadingly marketed its Kerrygold butter as produced from grass-fed cows because the cows are fed for part of the year with soy, corn and other grains. Myers-Taylor v. Ornua Foods N. Am., No. 18-1538 (S.D. Cal., filed July 6, 2018). The plaintiff asserts Ornua…

  • Consumer Reports Survey Finds Preference for Use of “Lab Grown Meat” Over “Clean Meat”

    Consumers Union has announced the results of a phone survey asking consumers how meat products created from cultured animal cells in a laboratory should be labeled. The survey purportedly found that 49 percent of respondents indicated that the products should be labeled as meat with an explanation of its production and 40 percent answered that…

  • Plaintiff Alleges Good Health Veggie Snacks Are Not Healthy

    Utz Quality Foods LLC and Good Health Natural Products Inc. face a potential class action alleging that the companies replaced a blend of vegetable-derived ingredients with synthetic additives in their Extra Goodness! products, including vegetable straws and chips. Feldman v. Utz Quality Foods, LLC, No. 18-6004 (S.D.N.Y., filed July 3, 2018). The complaint alleges that the companies…