Food & Beverage Litigation & Regulatory Update

Category: 11th Circuit

  • Beck’s False Advertising Case to Proceed

    A Florida federal court has denied Anheuser-Busch’s motion to dismiss a case accusing the beverage company of misleading consumers into believing that Beck’s beer was still brewed in Germany, finding that the plaintiffs adequately pleaded their claims. Marty v. Anheuser-Busch Cos., No. 13-23656 (S.D. Fla., order entered September 5, 2014). In 2012, Anheuser-Busch moved production…

  • Florida Cases Accusing Bodacious Foods, Kashi of “All Natural” Mislabeling to Continue

    A Florida federal court has rejected a motion to dismiss in a case accusing Bodacious Foods of labeling its cookies as “all natural” despite containing sugar, canola oil, dextrose, corn starch, and citric acid, which the plaintiff alleges should preclude Bodacious from using the “natural” label. Dye v. Bodacious Food Co., No. 14-80627 (S.D. Fla., order…

  • Defense Counsel Cross-Examine Peanut Corp. Plant Manager

    Attorneys representing the former Peanut Corp. of America owner and employees charged with conspiracy, mail and wire fraud, obstruction of justice and other counts involving the distribution of adulterated or misbranded food that allegedly led to a deadly Salmonella outbreak, had their opportunity on August 19, 2014, to cross-examine the company’s Blakely, Georgia, plant manager,…

  • Witness Testifies About Sampling Fraud in Prosecution of Peanut Corp. Executives

    As the criminal prosecution of Peanut Corp. of America executives continues into its second week, the former south Georgia peanut-processing plant manager reportedly admitted lying to federal investigators about positive tests for Salmonella in company products and the frequency of testing “to play damage control, [and in an effort] to protect the company.” According to…

  • Jurors Seated, Tainted Peanut Outbreak Trial Begins

    While a number of jurors were dismissed because a two-month trial would create hardships for them, a 12-member jury and six alternates were selected on July 31, 2014, and opening statements began the next day in the criminal prosecution of former Peanut Corp. of America (PCA) owner Stewart Parnell, his brother Michael Parnell and the…

  • Eleventh Circuit Dismisses Colombia War Crimes Claims Against Chiquita

    Finding no U.S. jurisdiction, the Eleventh Circuit has dismissed multidistrict litigation against Chiquita alleging the company was liable for aiding and abetting torture and war crimes by paying a paramilitary group for security. Cardona v. Chiquita Brands Int’l, No. 12-14898 (11th Cir., order entered July 24, 2014). Relatives of alleged victims of the paramilitary group filed…

  • Trial Delayed for Former Peanut Corp. Officials

    A federal court in Georgia has delayed until July 28, 2014, the criminal proceedings against Stewart Parnell, former owner of the Peanut Corp. of America, which was implicated in a 2008-2009 nationwide Salmonella outbreak that sickened hundreds and led to at least nine deaths. United States v. Parnell, No. 13-cr-12 (M.D. Ga., order entered July 11, 2014).…

  • Pre-Trial Rulings Mount in Peanut Corp. CEO Criminal Proceeding

    A federal court in Georgia has entered a number of orders in criminal proceedings, expected to go to trial July 14, 2014, against the former owner of the Peanut Corp. of America, implicated in a 2008-2009 nationwide Salmonella outbreak that sickened hundreds and led to at least nine deaths; among the orders was one denying…