Food & Beverage Litigation & Regulatory Update

Category: U.S. Government and Regulatory Agencies

  • “Anti-Aging” Gin Discontinued After Ad Board Inquiry

    Bompas & Parr has reportedly discontinued its “Anti-AGin Gin” after the National Advertising Division requested substantiation for claims that the product was “the alcoholic equivalent of a facial.” The company claimed the product “rejuvenates the skin while you drink” and was meant “for people who want to stay young but don’t want to give up…

  • Dole Facing Government Investigations over Listeria Outbreak

    Following a Listeria outbreak allegedly linked to a Dole Food Co. salad manufacturing plant, the company is reportedly facing investigations by the U.S. Department of Justice (DOJ) and Food and Drug Administration (FDA). Several media outlets have reported that an FDA investigation obtained through a Freedom of Information Act request found Dole knew of nine…

  • SCOTUS Denies Cert. in POM Wonderful Health Claims Case

    The U.S. Supreme Court has denied certiorari in a Federal Trade Commission (FTC) lawsuit against POM Wonderful LLC and Roll Global LLC alleging the companies made false or misleading health claims about their pomegranate-derived products. POM Wonderful LLC v. FTC, No. 15-525 (U.S., certiorari denied May 2, 2016). The U.S. Court of Appeals for the…

  • Organic Consumers Association Challenges “Organic” Infant Formula Claims

    The Organic Consumers Association (OCA) has filed lawsuits against The Hain Celestial Group, Inc. and The Honest Co., Inc. alleging the companies’ “organic” infant formula products contain multiple substances prohibited for use in organic food by the U.S. Department of Agriculture (USDA). Organic Consumers Assoc. v. Hain Celestial Grp., Inc., No. 16-2533 (D.C. Super. Ct.,…

  • Cornucopia Institute Lawsuit Challenges “Unqualified Individuals” on NOSB

    Public-interest group Cornucopia Institute has filed a lawsuit against Tom Vilsack in his capacity as Secretary of Agriculture alleging that he and the U.S. Department of Agriculture (USDA) violated the Organic Foods Production Act of 1990 by appointing “unqualified individuals” to the National Organic Standards Board (NOSB), which develops a list of synthetic substances allowed…

  • Salt Institute Disputes Sodium Recommendations in Federal Dietary Guidelines

    The Salt Institute has penned an April 11, 2016, letter asking the U.S. Department of Agriculture (USDA) and Department of Health and Human Services (HHS) to withdraw the sodium provisions included in the 2015-2020 Dietary Guidelines for Americans, which advise individuals to consume less than 2,300 milligrams (mg) per day of sodium. According to the…

  • USDA Drafts New Organic Livestock and Poultry Practices

    The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) has proposed amendments to organic livestock and poultry production requirements to clarify “how producers and handlers must treat their livestock and poultry to ensure their health and well-being throughout life.” Based on recommendations from the National Organic Standards Board, the draft rules also specify “which…

  • Confectioners Join Advertising Initiative Modeled after CFBAI

    The Council of Better Business Bureaus (CBBB) and the National Confectioners Association have announced the Children’s Confection Advertising Initiative (CCAI), “a new self-regulatory initiative that promotes responsible advertising to children.” Modeled after the Children’s Food and Beverage Advertising Initiative (CFBAI), which includes six major confectioners, CCAI asks participating companies not to advertise to children younger…