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Food & Beverage Litigation & Regulatory Update
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- Year in Review 2019


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Kombucha Maker Accused of Misleading Consumers on Products’ Alcohol Content
A group of consumers have filed a proposed class action against a North Carolina kombucha company, alleging the company misleads consumers as to the alcohol content of its beverages. Burke v. Tribucha, Inc., No. 22-0406 (E.D.N.C., filed October 6, 2022). Kombucha is a fermented tea drink that, when made without pasteurization, can develop a high…
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Court Sides with Tofurky, Blocks Arkansas from Enforcing Meat Labeling Law
A federal court has blocked the state of Arkansas from enforcing a 2019 law that made it illegal for companies to use words like “burger” or “sausage” to describe products not made from animals. Turtle Island Foods SPC v. Soman, No. 19-0514 (E.D. Ark., entered September 30, 2022). The ruling was in a lawsuit brought…
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‘Texas Pete’ Hot Sauce Labeling Misrepresents Product’s Origin, Suit Alleges
A California man has sued the maker of Texas Pete-brand hot sauce products, alleging the company deceptively advertises itself as having Texas ties, while it is in fact made in North Carolina. White v. T.W. Garner Food Co., No 22-6503 (C.D. Cal., filed September 12, 2022). The plaintiff has brought a proposed class action against…
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Consumer Groups Sue for Alcohol Labeling Requirements
Three consumer groups have filed suit against the U.S. government urging action on a nearly two-decade-old petition seeking greater transparency in alcohol labeling. Center for Science in the Public Interest v. U.S. Dep’t of Treasury, No. 22-2975 (D.D.C., filed October 3, 2022). The plaintiffs—the Center for Science in the Public Interest, Consumer Federation of America…
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Public Meeting Announced for National Advisory Committee on Microbiological Criteria for Foods
The U.S. Department of Agriculture has announced a November 15, 2022, public meeting to discuss and vote on adopting measures related to controlling Salmonella in poultry products. The meeting will also include an update on actions related to Cyclospora cayetanensis as well as an additional work charge on Cronobacter in powdered infant formula. Parties interested in expressing comments…
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FDA Releases Proposed “Healthy” Definition Update
The U.S. Food and Drug Administration (FDA) has announced a proposed update to guidance on how the term “healthy” can be used in marketing and labeling food products. The announcement notes that current limitations on usage of the term are out of step with the dietary guidelines—for example, salmon is excluded from permitted use due…
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Hydroponic Food May Be Labeled as ‘Organic,’ 9th Cir. Rules
A federal appeals court has ruled that the U.S. Department of Agriculture (USDA) is not clearly required by federal law to issue a regulation barring hydroponic growers from labeling their goods as organic. Ctr. for Food Safety v. Vilsack, No. 21-15883 (9th Cir., entered September 22, 2022). A three-judge panel of the U.S. Court of…
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Consumer Alleges Nonni’s ‘Limone’ Biscotti Misleads Consumers on Lemon Content
A Florida consumer has filed a proposed class action against biscotti maker Nonni’s Foods LLC, alleging the company misleads consumers as to how much lemon the company’s limone-flavored biscotti contains. Goldstein v. Nonni’s Foods LLC, No. 22-81462 (S.D. Fla., filed September 21, 2022). The plaintiff’s suit specifically targets representations on the product’s label including “Limone…
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