Food & Beverage Litigation & Regulatory Update

Category: 11th Circuit

  • Court Enters Consent Decree for Animal Feed Maker After FDA Complaint

    Syfrett Feed Co., a Florida manufacturer of medicated animal feeds, has entered into a consent decree to control its production process and comply with federal laws before resuming medicated feed operations. U.S. v. Syfrett Feed Co., Inc., No. 17-­14038 (S.D. Fla., order entered May 4, 2017). The court entered the decree after the U.S. Food…

  • Del Monte’s $32-Million Arbitration Award Confirmed in Pineapple Seed Dispute

    A Florida federal court has confirmed an arbitration tribunal’s decision awarding $32 million to Del Monte International for Inversiones Y Procesadora Tropical Inprotsa’s continued use of Del Monte pineapple seeds after the agreement permitting use had expired. Inversiones Y Procesadora Tropical Inprotsa v. Del Monte Int’l, No. 16­-24275 (S.D. Fla., order entered May 1, 2017).…

  • Putative Class Action Alleges GMO Foods Are Not “Natural”

    A Florida plaintiff has filed a putative class action against the maker of Tabatchnick soups, alleging its products cannot be called “natural” because they contain genetically modified organisms (GMOs). Ramsaran v. Tabatchnick Fine Foods, Inc., No. 17­60794 (S.D. Fla., filed April 24, 2017). The complaint asserts that 19 Tabatchnick soups labeled or advertised as “all…

  • Federal Court Dismisses Part of Wendy’s Data Breach Putative Class Action

    A Florida federal court has dismissed part of a data breach complaint against Wendy’s, calling two of the claims “shotgun pleadings” and noting that the plaintiffs “misconstrue the basic legal principles of statutory law.” Torres v. Wendy’s Int’l, LLC, No. 16-­0210 (M.D. Fla., order entered March 21, 2017). Additional details on the case appear in…

  • Non-­Fortified Skim Milk is Skim Milk, Eleventh Circuit Holds

    The U.S. Court of Appeals for the Eleventh Circuit has overturned a Florida court’s summary judgment against Ocheesee Creamery, finding that the company can sell its milk product as skim milk despite its refusal to follow a Florida law requiring skim milk to be fortified with vitamin A. Ocheesee Creamery LLC v. Putnam, No. 16-­12049…

  • Food Manufacturer Sentenced to Prison for Selling Contaminated Cheese

    Christian Rivas, owner of Oasis Brands Inc., has been sentenced to 15 months in prison for two charges that he sold cheese contaminated with Listeria monocytogenes after the U.S. Food and Drug Administration (FDA) instructed the company to stop distribution until it remedied its practices. FDA inspected Oasis in August 2014, found several violations and…

  • 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,…

  • Wendy’s Data Breach Class Action Dismissed

    A Florida federal court has dismissed a putative class action against The Wendy’s Co. alleging the company failed to adequately secure its customers’ financial information but granted the plaintiff leave to amend. Torres v. Wendy’s Co., No. 16-0210 (M.D. Fla., order entered July 15, 2016). The court found that while the plaintiff’s financial information had been…