Food & Beverage Litigation & Regulatory Update

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Food & Beverage Litigation & Regulatory Update

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  • Court Certifies Class of Breadcrumbs Buyers Challenging PHO Content

    A California federal court has granted class certification to consumers who purchased Kroger Co. breadcrumbs relying on a front-label representation stating the product contained “0g Trans Fat” despite the product’s partially hydrogenated oil (PHO) content. Hawkins v. Kroger Co., No. 15-2320 (S.D. Cal., entered November 9, 2020). The court found that the class met all requirements…

  • FDA Issues Guidance on Sesame Labeling

    The U.S. Food and Drug Administration (FDA) has issued draft guidance “encouraging food manufacturers to voluntarily declare sesame in the ingredient list on food labels.” The guidance notes that “sesame can, in some circumstances (such as when ground and used in a spice blend), be declared in an ingredient statement as simply ‘spice’ or ‘flavor,’…

  • New York Proposes Cannabinoid Regulations

    The New York State Department of Health released proposed regulations that would govern cannabinoid hemp products. The regulations would establish licensing for cannabinoid hemp extractors, manufacturers and retailers and set limits on products permitted to be sold at retail. Food products would be limited at 25 mg of cannabinoids, and all cannabinoid hemp products would…

  • FDA Ordered to Reexamine GE Salmon

    A California federal court has ordered the U.S. Food and Drug Administration (FDA) to conduct an assessment on the effects that could ensue if genetically engineered (GE) salmon escaped aquaculture farms and established themselves in the wild. Inst. for Fisheries Resources v. FDA, No. 16-1574 (N.D. Cal., entered November 5, 2020). The court found that the…

  • Researchers Examine “Kidfluencers” and Children’s Health

    A group of researchers has published a study in Pediatrics examining the “frequency with which kid influencers promote branded and unbranded food and drinks during their YouTube videos and assess the nutritional quality of food and drinks shown.” Alruwaily et al., “Child Social Media Influencers and Unhealthy Food Product Placement,” Pediatrics, November 2020. The researchers reviewed the 50 most-watched…

  • New Jersey Passes Ban on Single-Use Plastic, Paper Bags

    New Jersey Governor Phil Murphy has reportedly signed a law banning single-use plastic and paper bags and imposing limits on other food containers and straws. Effective May 2022, the law will ban the use of polystyrene food and drink containers, and single-use plastic straws may only be provided upon request beginning in November 2021. Some…

  • Court Dismisses Part of Vanilla Suit Against Kellogg

    A California federal court has dismissed without prejudice a lawsuit alleging Kellogg Sales Co. misleads consumers as to the characterizing flavor of its Bear Naked V’Nilla Almond granola, finding that the plaintiff could not support his allegation that the product does not contain sufficient amounts of vanilla. Zaback v. Kellogg Sales Co., No. 20-0268 (S.D. Cal.,…

  • Plaintiff Alleges Whole Foods Chocolate Is Mislabeled

    A consumer has filed a putative class action alleging Whole Foods Market Group Inc. mislabels its chocolate-coated ice cream bars because the “purported chocolate contains vegetable oils.” Mitchell v. Whole Foods Mkt. Grp. Inc., No. 20-8496 (S.D.N.Y., filed October 12, 2020). “Consumers want chocolate in chocolate products to come from a real source, i.e., from…

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