Food & Beverage Litigation & Regulatory Update

Category: 10th Circuit

  • Cantaloupe Farmers Sentenced, No Jail Time

    A federal magistrate in Denver, Colorado, has sentenced Eric and Ryan Jensen, who owned the cantaloupe farm linked to a deadly Listeria outbreak in 2011, to five years of probation, with the first six months in home detention, 100 hours of community service each, and the payment of restitution—$150,000 each—with the money awarded to their…

  • Jensen Brothers Ask Court Not to Impose Jail Time

    Eric and Ryan Jensen, who owned the cantaloupe farm linked to a deadly 2011 Listeria outbreak, have reportedly urged a court, following their pleas to charges related to the incident, not to sentence them to prison. Additional details about the plea and charges appear in Issue 500 of this Update. They apparently claim that they…

  • Suit Fails Against Cantaloupe Farm Auditor

    A federal court in Oklahoma has dismissed, without leave to amend, claims filed against the company that audited Jensen Farms before a 2011 Listeria outbreak sickened dozens of consumers, including the plaintiff, who allegedly contracted listeriosis from the strain linked to the farm’s cantaloupe and was hospitalized for a month. Underwood v. Jensen Farms, No.…

  • Advocacy Groups File Amicus Brief to Support Challenge to Utah “Ag-Gag” Law

    Advocacy organizations including the Center for Food Safety and Food & Water Watch have filed an amicus brief to support an animal rights organization coalition’s challenge to a Utah law that criminalizes undercover investigations of meat and poultry processing facilities. Animal Legal Def. Fund v. Herbert, No. 13-0679 (D. Utah, brief filed December 17, 2013). Contending that…

  • Monsanto GE Wheat Cases Consolidated Before Kansas MDL Court

    The Judicial Panel on Multidistrict Litigation (JPML) has ordered the transfer of five cases brought by wheat farmers who allege economic injuries due to lower wheat prices, import restrictions and increased production costs after genetically engineered (GE) wheat was discovered in an Oregon farmer’s field; pretrial matters will be heard by a multidistrict litigation (MDL)…

  • JPML Considers Request to Transfer Monsanto GM Wheat Suits

    The U.S. Judicial Panel on Multidistrict Litigation (JPML) recently heard argument on the Center for Food Safety’s motion to transfer to a multidistrict litigation (MDL) court pending lawsuits against Monsanto Co. involving the genetically modified (GM) wheat that appeared in an Oregon farmer’s conventional wheat field and briefly disrupted exports to some of the nation’s…

  • Colorado Cantaloupe Farmers Charged in 2011 Listeria Outbreak

    Brothers Eric and Ryan Jensen who own the Colorado cantaloupe farm linked to a deadly 2011 Listeria outbreak have reportedly been arrested on six misdemeanor charges of introducing adulterated food into interstate commerce and aiding and abetting. According to court records, they purportedly changed their cantaloupe cleaning process in May 2011 and never used the…

  • Court Reduces Damages Award in Consumer Diacetyl Exposure Lawsuit

    A federal court in Colorado has reduced the damages awarded to a man who allegedly contracted bronchiolitis obliterans, a debilitating respiratory condition, after consuming microwave popcorn containing the butter flavoring compound diacetyl. Watson v. Dillon Cos., Inc., No. 08-91 (D. Colo., judgment entered September 5, 2013). The jury awarded the plaintiff and his wife more…