Food & Beverage Litigation & Regulatory Update

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Food & Beverage Litigation & Regulatory Update

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  • AMS Proposes Amendments to Organic National List

    The U.S. Department of Agriculture’s Agricultural Marketing Service (AMS) has proposed its regular update to the National List of Allowed and Prohibited Substances, which lists the synthetic substances allowed in the cultivation of organic products. The proposed additions are (i) low-acyl gellan gum, which is used as a thickener, and (ii) paper-based crop planting aids,…

  • Advocacy Groups Urge FDA to Ban Food Additive Use of BPA

    Several advocacy groups, including the Environmental Defense Fund, Consumer Reports and Environmental Working Group, have filed a petition with the U.S. Food and Drug Administration (FDA) “requesting that the agency remove its approvals of the use of bisphenol A [BPA] . . . because recently published scientific studies show that the exposure from those food additive…

  • Consumers Allege McCormick Spices Contain Undisclosed Heavy Metals

    Two plaintiffs have alleged that McCormick & Co. Inc. sells herbs and spices that “expose consumers to heightened levels of toxic heavy metals, including lead, arsenic, and cadmium,” without providing warnings. Balistreri v. McCormick & Co. Inc., No. 22-0349 (N.D. Cal., filed January 18, 2022). The complaint cites a Consumer Reports article, “Your Herbs and Spices Might Contain…

  • Plaintiff Argues Whole Foods’ Alleged Slack Fill Contradicts Eco-Friendly Image

    A consumer has filed a putative class action alleging Whole Foods Market Group Inc. sells a boxed rice pilaf in packaging that misleads consumers by being larger than the ingredients inside require. Jacobs v. Whole Foods Mkt. Grp., No. 22-0002 (N.D. Ill., E. Div., filed January 1, 2022). The complaint details Whole Foods’ stated commitment to…

  • FDA Revokes French Dressing Standard of Identity

    The U.S. Food and Drug Administration (FDA) has revoked the standard of identity for French dressing following a citizen petition filed by the Association for Dressings and Sauces. The revocation finalizes a December 2020 rule that “will allow for greater innovation and more flexibility of products on the market,” according to an FDA Constituent Update.…

  • Gruyere Can Come from Anywhere, Court Rules

    A Virginia federal court has reportedly confirmed that gruyere cheese does not need to be produced in the region near Gruyères, Switzerland, to carry the name in American stores. A consortium of cheesemakers in France and Switzerland near the region had appealed after the Trademark Trial and Appeals Board denied its application for a trademark,…

  • “Fudge-Covered Oreos” Missing Real Fudge, Alleges Plaintiff

    A consumer has alleged that Mondelez Global LLC misleads consumers by marketing its Oreo Fudge Cremes as “fudge covered” because the topping covering the cookies lacks milkfat. Leonard v. Mondelez Global LLC, No. 21-10102 (S.D.N.Y., filed November 28, 2021). The complaint lists several recipes for fudge to support its argument that fudge requires the presence…

  • Baby Formula Comparison to Breast Milk Confuses Consumers, Lawsuit Alleges

    A plaintiff has filed a putative class action alleging Abbott Laboratories Inc.’s Similac Pro-Advance infant formula is advertised as the company’s “closest formula to breastmilk,” allegedly misleading consumers into believing that the formula can convey the same benefits as breast milk. Conner v. Abbott Labs. Inc., No. 21-1463 (S.D. Ill., Benton Div., filed November 20,…

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