Category: Global Courts
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European Court Affirms Ruling Against Dole on Banana Price-Fixing
The European Court of Justice has refused to void a lower court’s decision against Dole Foods confirming an $83 million fine shared with other companies resulting from a finding of collusion to fix the prices of bananas sold in several European countries. Dole Food & Dole Germany v. Commission, No. C-286/13 P (E.C.J., order entered…
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EU Court of Justice Allows Retailer Liability for Poultry with Salmonella
The European Union’s (EU’s) Court of Justice has determined that the law requires fresh poultry meat to satisfy the microbiological criteria for foodstuffs and that national law may impose a penalty on “a food business operator which is active only at the distribution stage” for placing a contaminated food product on the market. Reindl v.…
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Diamond Foods Agrees to $2.75 Million Settlement in “All Natural” Class Actions
Diamond Foods, Inc. has agreed to settle the consumer fraud class action suits filed by plaintiffs in California and Florida alleging that the company falsely labels its Kettle Brand® chip products as “All Natural,” when they contain artificial, synthetic or genetically modified ingredients, or as “Reduced Fat” while referencing non-comparable foods. Klacko v. Diamond Foods,…
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German Appeals Court Dismisses Challenge to Ritter Sport’s “Natural” Vanilla Flavor
A German appeals court has dismissed a lawsuit brought by consumer group Stiftung Warentest accusing candy manufacturer Ritter Sport of labeling its Whole Hazelnut bar as natural despite containing piperonal, which the group contends can only be obtained using unnatural chemicals. The ruling prevents Stiftung Warentest from claiming Ritter is misleading customers but does not…
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Costa Rican Court Declares GMO Approval Process Unconstitutional
Costa Rica’s Constitutional Chamber of the Supreme Court has reportedly struck down the country’s approval process for projects using genetically modified organisms (GMOs), finding it violates the constitutional rights to a healthy environment and—because of the confidentiality of the process— freedom of information. Environmental groups challenged the process in late 2012, and the Ombudsman’s Office…
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Swiss Tribunal Rules “Absinthe” Is Generic, Not Tied to Place of Origin
Ruling against Val-de-Travers absinthe producers, the Swiss Federal Administrative Tribunal has reversed a 2010 Federal Office of Agriculture decision confirming the “protected geographical indications” registration of the terms “absinthe,” “fée verte”—the green fairy and “la bleue.” Guignon v. Ass’n interprofessionnelle de l’Absinthe, No. B-4820/2012 (Tribunal administratif fédéral, decided August 13, 2014). The court said in a…
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Chobani Loses Final UK Appeal in “Greek” Yogurt Dispute
The U.K. Supreme Court has reportedly refused to consider the appeal filed by Chobani Inc. from an appeals court order dismissing its appeal of a permanent injunction prohibiting the company from designating its U.S.-made yogurt as “Greek” yogurt. Additional details about the January 2014 appeals court ruling appear in Issue 511 of this Update. According…
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Russia Sues McDonald’s for Alleged Contamination and False Nutritional Information
The Russian consumer protection agency, Rospotrebnadzor, has reportedly announced that it filed a claim alleging that McDonald’s has misrepresented the nutritional information of several hamburger and ice cream menu items and that two restaurant locations showed traces of E. coli contamination in their salads and Caesar wraps. Although Rospotrebnadzor said it filed a lawsuit on July…