Category: Global Courts
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European General Court Annuls EC Decision Removing Triclosan from Food Contact Substance List
The European General Court (ECG) has determined that the European Commission (EC) erred in removing the antibacterial chemical 2,4,4’-tricihloro2’-hydroxydiphenyl ether (triclosan) from the list of additives that may be used to make plastic materials and other articles that come into contact with foods. Microban Int’l Ltd. v. EC, No. T-262 (ECG, decided October 25, 2011). The court…
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Nicaraguan DBCP Exposure Claims Settled by Dole
Dole Food Co. has reportedly signed a definitive settlement agreement that could conclude five U.S. lawsuits and 33 lawsuits filed in Nicaragua by banana plantation workers purportedly exposed to the agricultural chemical DBCP (1,2-Dibromo3-chloropropane). At stake are potential alleged damages in excess of $9 billion. According to Dole’s October 3, 2011, news release, the company…
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EU Court of Justice Allows Concurrent Use of Budweiser Trademark in the UK
The European Union Court of Justice has determined that Anheuser-Busch and Czech competitor Budejovicky Budvar may both use the Budweiser trademark in the United Kingdom. Budejovicky Budvar v. Anheuser-Busch Inc., No. C-482/09 (ECJ Sept. 22, 2011). Emphasizing the exceptional circumstances of the case, the court found that because the companies used the marks in good faith…
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WTO Nixes “Dolphin-Safe” Labels on U.S. Tuna
Concluding that “dolphin-safe” tuna product labels authorized by the U.S. Commerce Department “are more trade-restrictive than necessary to achieve a legitimate objective,” a World Trade Organization (WTO) panel has given a partial victory to Mexico, which filed a complaint in 2009 claiming that the labels were illegal because they excluded Mexican yellowfin tuna from the U.S.…
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Century-Long Dispute Between Beer Makers Continues to Ferment in EU
Czech and U.S. brewers seeking to market their beers under the name “Bud,” have apparently been at odds since the early 1900s. In the latest installment of the dispute, the Court of Justice of the European Communities has set aside a decision of the Court of First Instance which allowed the Czech brewer to oppose…
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Eleventh Circuit Refuses to Recognize Nicaraguan Court Judgment for Banana Workers
The Eleventh Circuit Court of Appeals has affirmed a district court ruling finding that a $97 million judgment entered by a Nicaraguan court to compensate 150 Nicaraguan agricultural workers for injuries allegedly caused by workplace exposure to a pesticide is unenforceable under Florida law. Osorio v. Dow Chem. Co., No. 10-11143 (11th Cir., decided March…
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Court Advocate General Calls French Ban on GM Crops an EU Law Violation
An advocate general to the European Court of Justice has reportedly issued an opinion stating that French authorities violated European Union (EU) law by suspending the cultivation of genetically modified (GM) maize on French soil without first asking the European Commission to adopt emergency measures. While such opinions do not bind the court, sources indicate that…
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Dairy Farmer Sues British Columbia over Raw Milk Distribution Ban
A British Columbia resident who operates a “cowshare” that produces and distributes raw milk to members has filed a lawsuit against the provincial government challenging a regulation that prohibits the sale of milk that has not been pasteurized. Jongerden d/b/a Home on the Range v. The Queen, No. S-111196 (Sup. Ct., British Columbia, filed February…