Food & Beverage Litigation & Regulatory Update

Category: D.C. Circuit

  • Court Rules Organic Labeling Suit Preempted by Federal Law

    A federal court has dismissed a lawsuit alleging Earth’s Best falsely labels its infant and toddler foods as organic, asserting that the foods contain at least 29 ingredients not permitted to be labeled as such under the Organic Food Production Act of 1990 (OFPA). Organic Consumers Ass’n v. Hain Celestial Grp., Inc., No. 16-0925 (D.D.C., entered…

  • Plaintiff Alleges Whole Foods “Calculated” Overcharges on Snack Bars

    A consumer has filed a putative class action alleging Whole Foods Market Group Inc. charged him $1.29 for snack bars despite advertising them as $1.00 each. Alston v. Whole Foods Mkt. Grp. Inc., No. 17-2580 (D.D.C., removed to federal court December 4, 2017). The plaintiff alleges that he purchased snack bars over several visits to…

  • Vodka Maker Sues to Allow Health-Related Claims

    The makers of vodka infused with chemicals that purportedly reduce the risk of alcohol-related damage to DNA have filed a lawsuit against the Treasury Department and the Alcohol and Tobacco Tax and Trade Bureau (TTB) seeking to include health-related claims in product labeling and advertising. Bellion Spirits, LLC, v. United States, No. 17-2538 (D.D.C., filed…

  • Industry Group Sues USDA Over Delay of Organic Livestock Rule

    The Organic Trade Association has filed a lawsuit to compel the U.S. Department of Agriculture (USDA) to implement the Organic Livestock Rule, which was scheduled to take effect on March 18, 2017. Organic Trade Ass’n v. U.S. Dep’t of Agric., No. 17-1875 (D.D.C., filed September 13, 2017). After 10 years of public process and hearing,…

  • Advocacy Groups Sue FDA for Menu Info Delay

    The Center for Science in the Public Interest (CSPI) and National Consumers League have filed a lawsuit alleging the U.S. Food and Drug Administration’s (FDA’s) decision to delay implementation of rules requiring chain restaurants and food sellers to display nutritional information violated the Administrative Procedure Act. Ctr. for Sci. in the Pub. Interest v. Price, No. 17­-1085 (D.D.C., filed…

  • D.C. Circuit Clarifies When FOIA Requesters May Sue Agencies in Court

    The D.C. Circuit Court of Appeals has ruled that the Freedom of Information Act (FOIA) requires federal agencies to issue a determination about what will be produced to or withheld from a FOIA requester within statutory deadlines; a failure to do so is deemed the exhaustion of administrative remedies and allows the requester to bring…

  • POM Wonderful Seeks Review of FTC Order

    POM Wonderful LLC has filed a petition seeking review in the D.C. Circuit Court of Appeals of a Federal Trade Commission (FTC) order requiring two randomized, controlled clinical trials before the company can make a claim that its pomegranate juice products treat, prevent or reduce the risk of heart disease, prostate cancer or erectile dysfunction.…

  • D.C. Circuit Dismisses Challenge to USDA Almond Rules

    The D.C. Circuit Court of Appeals has dismissed a challenge to U.S. Department of Agriculture (USDA) rules requiring California almonds sold domestically to be treated with heat or chemicals to prevent the spread of Salmonella. Koretoff v. Vilsack, No. 12-5075 (D.C. Cir., decided February 22, 2013). According to the court, the almond producers who mounted…