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Food & Beverage Litigation & Regulatory Update

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  • Consumer Alleges “Veggie” Products Lack Vegetables

    A plaintiff has filed a putative class action alleging that Kellogg Sales Co. misleads consumers as to the quantity of vegetables in its MorningStar “Veggie” products, including “Veggie Burgers,” “Veggie Dogs,” “Veggitizers” and “Veggie Chik’n.” Kennard v. Kellogg Sales Co., No. 21-7211 (N.D. Cal., filed September 17, 2021). Kellogg represents its products as “Veggie,” the…

  • Court Dismisses Vanilla Claims Against Aldi

    A New York federal court has dismissed allegations that Aldi Inc. misled consumers about the contents of its vanilla almond milk product. Parham v. Aldi Inc., No. 19-8975 (S.D.N.Y., entered September 21, 2021). The complaint asserted that the almond milk contained a “comparatively high level of vanillin” and “‘a trace or de minimus’ amount of vanilla,” allegedly…

  • EFSA Launches Glyphosate Consultation

    The European Food Safety Authority (EFSA) and the European Chemicals Agency (ECHA) have begun consultations seeking scientific evaluations of glyphosate. “The classification of chemicals is based solely on the hazardous properties of a substance and does not take into account the use or likelihood of exposure to the substance,” the announcement notes. “Exposure is considered…

  • USDA Announces Codex Meeting on Nutrition and Foods for Special Dietary Uses

    The U.S. Department of Agriculture (USDA) has announced a public meeting to receive comments on the U.S. positions for the Codex Alimentarius Committee meeting on Nutrition and Foods for Special Dietary Uses. The public meeting, which will be held October 19, 2021, will include discussions on a draft guide for ready-to-use therapeutic foods and the…

  • USDA Requests Comments on Cultured Meat and Poultry

    The U.S. Department of Agriculture has requested comments on “the labeling of meat and poultry products comprised of or containing cultured cells derived from animals subject to the Federal Meat Inspection Act or the Poultry Products Inspection Act.” Comments will be accepted until November 2, 2021. The announcement details the U.S. Cattlemen’s Association’s 2018 petition…

  • FDA Releases Study on PFAS in Processed Foods

    The U.S. Food and Drug Administration (FDA) announced the results of a study on the presence of per- and polyfluoroalkyl substances (PFAS) in processed foods, including baby foods. Out of 167 samples, three products had detectable levels of PFAS, the agency stated, and the amounts were not elevated to a level of concern. “Based on…

  • Coalition of Advocacy Groups, Poultry Producers Calls for Changes

    The Center for Science in the Public Interest has joined three other advocacy groups and four poultry producers to urge the U.S. Department of Agriculture (USDA) to update poultry food safety standards. “While progress on reducing foodborne illness has been at a standstill, scientific knowledge of Salmonella has greatly increased and recognized best practices for…

  • Snyder’s-Lance, Frito-Lay End Pretzel Crisps Dispute

    Snyder’s-Lance Inc. has voluntarily dismissed a lawsuit seeking to appeal a decision holding that it could not trademark “Pretzel Crisps” as a name for its product, which Frito-Lay North America Inc. had challenged before the Trademark Trial and Appeal Board. Snyder’s-Lance Inc. v. Frito-Lay N. Am. Inc., No. 21-1758 (4th Cir., filed August 31, 2021).…

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