Food & Beverage Litigation & Regulatory Update

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Food & Beverage Litigation & Regulatory Update

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  • Massachusetts High Court Affirms Mistrial for “Reptile Litigation Tactics”

    By Shook Of Counsel Brandon Arber The Massachusetts Supreme Judicial Court has affirmed a lower court’s grant of a mistrial in Fitzpatrick v. Wendy’s Old Fashioned Hamburgers of New York, Inc. This was a bone-in-the-hamburger case, causing a broken tooth and multiple surgeries. The lower court had found that the plaintiff’s counsel used “so-called ‘reptile’…

  • Johnson to Answer Food Safety Questions in AIB International Webinar

    Shook Of Counsel John Johnson III will answer “That Food Safety or FDA Question You’ve Always Wanted to Ask” in a webinar presented by AIB International on Friday, June 4, at 11:00 a.m. CDT. The webinar will be live and will feature answers to questions commonly asked about food safety as well as questions provided…

  • Additional Probes, Lawsuits Announced on Toxic Elements in Baby Food

    New York Attorney General Letitia James has announced a probe into whether baby food contains toxic elements such as arsenic and other metals. In a press release, James said, ““Baby food manufacturers have a legal and moral obligation to ensure the safety of their products, and provide peace-of-mind to the parents who rely on their…

  • EU Study Finds GMO Legislation Not Fit for Purpose

    An EU study has examined New Genomic Techniques (NGTs), which can create genetically modified organisms (GMOs), and their potential effects on creating a sustainable food system in Europe. In a press release, Commissioner for Heath and Food Safety Stella Kyriakides said, “The study we publish today concludes that New Genomic Techniques can promote the sustainability…

  • EU Court Rules Organic Food Cannot Contain Added Red Algae to Boost Calcium Content

    The European Court of Justice has ruled that alga Lithothamnium calcareum cannot be used in the production of food labeled as organic for the purposes of adding calcium. Natumi GmbH v. Land Nordrhein-Westfalen, No. C‑815/19 (E.C.J., entered April 29, 2021). Natumi GmbH manufactured a drink labeled as organic that is marketed as calcium-rich because of its…

  • Epicurious To Stop Posting Beef Recipes

    Food website Epicurious has announced that it will stop posting new recipes containing beef to avoid “giving airtime to one of the world’s worst climate offenders.” As the Washington Post noted, “Reaction was swift and illustrated the meaning of the metaphor about tossing red meat to a crowd. Some praised the decision, noting that tastes have changed…

  • Pancake Mixes Overcount Protein, Plaintiffs Allege

    According to a putative class action complaint, Kodiak Cakes LLC and Baker Mills Inc. deliberately mislead consumers by labeling Kodiak Cakes pancake and waffle mixes as containing 14 grams of protein despite allegedly containing only 11.5 grams. Hinkley v. Baker Mills Inc., No. 21-221 (D. Utah, filed April 13, 2021). “Consumers are increasingly health conscious…

  • Tootsie Roll Challenges Tootsie Pups

    Tootsie Roll Industries has filed a trademark infringement action alleging Lafayette Bay Products, LLC, doing business as Spunky Pup, illegally copied its trade dress by manufacturing and selling a product called “Tootsie Pups.” Tootsie Roll Indus. LLC v. Lafayette Bay Prods. LLC, No. 21-1997 (N.D. Ill., E. Div., filed April 14, 2021). Tootsie Roll Industries…

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