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Food & Beverage Litigation & Regulatory Update
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Tags
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Court Issues Injunction on Prop. 65 Acrylamide Enforcement Through Lawsuits
A California federal court has ruled that the state “has not shown that the cancer warnings it requires are purely factual and uncontroversial” or “that Proposition 65 imposes no undue burden on those who would provide a more carefully worded warning.” Cal. Chamber of Com. v. Becerra, No. 19-2019 (E.D. Cal., entered March 29, 2021).…
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FSIS Violated APA in Removing Pork Line Speed Limits, Court Rules
A Minnesota federal court has ruled that the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) violated the Administrative Procedures Act (APA) when it adopted the New Swine Inspection System (NSIS), which eliminated line speed limits for pork processing. United Food & Com. Workers Union, Local 663 v. USDA, No. 19-2660 (D. Minn.,…
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GAO Issues Report on Seafood Imports
The U.S. Government Accountability Office (GAO) has issued “Imported Seafood Safety: FDA Should Improve Monitoring of Its Warning Letter Process and Better Assess Its Effectiveness,” finding that the U.S. Food and Drug Administration (FDA) was inconsistent in following key procedures and meeting goals for monitoring the importation of seafood. The report’s recommendation is that FDA…
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Reintroduced Bill Would Change Alcohol Taxes on Kombucha
U.S. Sen. Ron Wyden (D-Ore.) and Rep. Earl Blumenauer (D-Ore.) have reintroduced legislation that would “ensure that kombucha beverages are exempt from excise taxes and regulations intended specifically for beer and other alcoholic beverages,” according to a press release. The KOMBUCHA Act would increase the alcohol-by-volume level at which alcohol taxes would be applied to…
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FDA Announces Investigation into Real Water
The U.S. Food and Drug Administration (FDA) has announced an investigation into Real Water alkaline water, which is allegedly the link between several cases of acute non-viral hepatitis. The investigation comes amid the filing of several lawsuits alleging harm to consumers of the water, including children. The agency announced that Real Water was not cooperating…
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Candy Company Misrepresents Number of Servings, Plaintiffs Allege
Kilwins Quality Confections Inc. sold chocolate and other candy products in containers that “materially overstate the volume of the contents,” according to a plaintiff. Rand v. Kilwins Quality Confections Inc., No. 21-1513 (N.D. Ill., E. Div., filed March 18, 2021). The consumer argues that the company’s shredded-chocolate containers “materially overstate the actual volume of, and…
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Consumers Allege Kombucha Contains High Alcohol Levels
Three consumers have filed a putative class action alleging Kombucha 221 B.C. sells kombucha that contains “more than twice the allowed alcohol” for a nonalcohol beverage. Brothers v. Mad at S.A.D. LLC, No. 21-60542 (S.D. Fla., filed March 9, 2021). The plaintiffs, who allege they purchased the kombucha for consumption at work, argue that the…
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