Food & Beverage Litigation & Regulatory Update

Category: 8th Circuit

  • Plaintiffs Lack Standing to Challenge FDA Raw Milk Rules

    A federal court in Iowa has dismissed claims filed by a legal defense fund and a number of raw-milk producers challenging Food and Drug Administration (FDA) regulations prohibiting the shipment of raw milk for human consumption across state lines. Farm-to-Consumer Legal Defense Fund v. Sebelius, No. 10-4018 (N.D. Iowa, decided March 30, 2012). According to…

  • Court Affirms $2 Million Supply Chain Damages Award from 2008 Contaminated Beef Recall

    A federal court in Minnesota has determined that General Mills Operations, LLC was entitled to an award of prejudgment interest of 10 percent per year from the date it provided a written notice of claim to the company that supplied it with contaminated beef products subject to a recall in 2008. Gen. Mills Operations, LLC…

  • Plaintiffs Unable to Enjoin FDA from Enforcing Raw Milk Regulations

    A federal court in Iowa has denied a motion seeking to preliminarily enjoin the Food and Drug Administration (FDA) from enforcing regulations prohibiting the interstate sale of raw milk. Farm-to-Consumer Legal Defense Fund v. Sebelius, No. 10-4018 (N.D. Iowa, decided January 23, 2012). The plaintiffs, who either produce or consume raw milk, filed their motion under…

  • Contaminated Cantaloupe Plaintiff Sues Food Safety Auditor and Others

    A Nebraska resident alleging that his consumption of Listeria-contaminated cantaloupe grown by Jensen Farms in Colorado caused his infection and subsequent hospitalization, has filed a personal injury action against the grower, distributor, retailer, and the company hired by the grower to conduct a food safety audit before the outbreak. Braddock v. Jensen Farms, No. 11-402…

  • First Wave of Settlement Checks Distributed in Salmonella-Tainted Egg Outbreak

    Attorneys involved in the settlement of injury claims linked to Salmonella-contaminated eggs traced to Wright County Egg in Iowa have reportedly told the Associated Press that the first checks, issued by the egg producer’s insurer, are on their way to the first of dozens of individuals sickened during the 2010 outbreak. Among the first wave…

  • SPAM® Trademark Infringement Suit Settles

    Without disclosing any settlement details, Hormel Foods Corp. and a Netherlands-based company have secured a court order dismissing trademark infringement claims involving the labels for canned meat products SPAM® and Prem®. Hormel Foods, LLC v. Zwanenberg Food Group (USA), Inc., No. 11-00774 (D. Minn., order entered November 1, 2011). Additional information about the case appears…

  • Former Kosher Meatpacking Plant Manager Loses Sentencing Appeal

    Sholom Rubashkin, who managed a kosher meatpacking facility in Postville, Iowa, and was convicted on 86 counts related to financial fraud, lost the appeal of his conviction and the 324-month prison sentence imposed by a federal district court. United States v. Rubashkin, Nos. 10-2487/3580 (8th Cir., decided September 16, 2011). Additional details about the case…

  • Court Finds Insurer Has Duty to Defend in GM Rice Lawsuits

    A federal court in Arkansas has determined that Liberty Mutual Insurance Co. has a duty to defend an agricultural cooperative in more than 170 civil lawsuits filed by rice farmers over the contamination of their conventional crops with a genetically engineered (GE) variety. Riceland Foods, Inc. v. Liberty Mut. Ins. Co., No. 10-00091 (E.D. Ark., decided June…