Category: Department of Agriculture
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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…
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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,…
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U.S. and Mexico Announce Organic Trade Partnership
The U.S. Department of Agriculture’s Agricultural Marketing Service (AMS) and the National Service for Animal and Plant Health, Food Safety and Quality of Mexico (SENASICA) have announced a joint Organic Compliance Committee to “ensure the integrity of organic products trade between the United States and Mexico.” With implementation of Mexico’s organic regulations slated for 2017,…
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FSIS Clarifies Guidelines on Substantiating Animal Raising Claims
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has updated its guidelines on the documentation needed to support animal-raising labeling claims, which include “Raised Without Antibiotics,” “Organic,” “Grass-Fed,” “Free-Range” and “Raised with the use of hormones.” Among other things, the agency requires the following information to support such claims: (i) “a detailed…
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PCRM’s Lawsuit Alleging Inappropriate Influence on Cholesterol Guidelines Dismissed for Jurisdictional Issues
A California federal court has dismissed a lawsuit alleging the U.S. Department of Agriculture (USDA) and Department of Health and Human Services (HHS) allowed the American Egg Board to unduly influence the government’s nutrition advice on dietary cholesterol. Physicians Comm. for Responsible Med. v. Vilsack, No. 16-0069 (N.D. Cal., San Francisco Div., order entered October 12,…
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USDA Finds American Egg Board Engaged in “Inappropriate Conduct” Against Hampton Creek
The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) has completed a report reviewing nine allegations of misconduct asserted by Josh Tetrick, head of Just Mayo producer Hampton Creek, against the American Egg Board (AEB). The report concludes that AEB staff and board members engaged in inappropriate conduct, including failing to adhere to USDA guidelines,…
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Cruz-Alvarez and Rameshwar Detail Dismissal of Challenge to Abbott Labs’ Organic Infant Formula
Shook Partner Frank Cruz-Alvarez and Associate Ravika Rameshwar have authored an article for the Washington Legal Foundation’s Legal Pulse discussing a New York federal court’s dismissal of a class action centered on infant formula marketed as organic. The complaint alleged that Abbott Laboratories, Inc. represented its Similac® Advance® as organic despite containing ingredients prohibited in…
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Challenge to Organic Sunset Provision to Proceed
A California federal court has denied the U.S. Department of Agriculture’s (USDA’s) motion to dismiss a lawsuit brought by several activist groups challenging aspects of the Organic Food Production Act’s sunset provision, which governs when substances are removed from the National List. Ctr. for Food Safety v. Vilsack, No. 15-1590 (N.D. Cal., order entered September…