Food & Beverage Litigation & Regulatory Update

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Food & Beverage Litigation & Regulatory Update

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  • GAO Recommends FDA Establish Sampling Process for Seafood Imports

    The Government Accountability Office (GAO) has released a recommendation that the U.S. Food and Drug Administration (FDA) establish a process that ensures the agency tests at least one shipment of imported seafood before removing it from alert status. GAO reviewed 274 removal decisions between 2011 and 2018 and found that FDA did not conduct audits…

  • EU Bans Insecticide Chlorpyrifos

    A regulatory committee of the European Union has reportedly voted to prohibit the use of chlorpyrifos and chlorpyrifos-methyl. Member countries voted to withdraw authorization for the insecticide after January 31, 2020, after which companies will have three months to dispose of their stocks of chlorpyrifos. The vote follows an August 2019 determination by the European Food…

  • Pork Producers Sue California over Proposition 12

    The National Pork Producers Council and American Farm Bureau Federation have filed a lawsuit against the secretary of the California Department of Food and Agriculture alleging that Proposition 12, which was passed in November 2018 and established minimum requirements for the confinement of farm animals, “has thrown a giant wrench into the workings of the…

  • Pringles Salt & Vinegar Lawsuit Denied Certification

    A New York federal court has denied class certification to a group of consumers alleging that they were misled by Kellogg Co.’s Pringles Salt & Vinegar chips label into believing the product contained no artificial ingredients. Marotto v. Kellogg Co., No. 18-3545 (S.D.N.Y., entered December 5, 2019). The plaintiff identified himself as a chef who…

  • Clif Bar White Chocolate Suit to Continue

    A California federal court has denied Clif Bar & Co.’s motion to dismiss a lawsuit alleging that its products marketed as containing white chocolate lack the claimed ingredients. Joslin v. Clif Bar & Co., No. 18-4941 (N.D. Cal., entered December 2, 2019). A previous version of the complaint was dismissed for failure to show that…

  • EU Court Denies “Balsamic” as Protected Designation of Origin

    The European Court of Justice has reportedly held that “balsamic” as a descriptor for vinegar is not reserved exclusively for producers in Modena, Italy. The case challenged a German vinegar producer’s use of “Balsamico” and “Deutscher Balsamico.” Although “Balsamic Vinegar from Modena” has been a geographic indication within the European Union for more than a…

  • Oregon Sens. Request Changes to USDA Hemp Rule

    In a letter to the U.S. Department of Agriculture (USDA), Sens. Ron Wyden (D-Ore.) and Jeff Merkley (D-Ore.) have requested changes to the interim final rule on hemp production. Wyden and Merkley, who co-wrote the legislation that legalized hemp farming, passed along feedback from Oregon farmers, researchers and regulators, according to a press release. The…

  • DeLauro, Gillibrand Urge Transparency in USDA Testing

    Sen. Kirsten Gillibrand (D-N.Y.) and Rep. Rosa DeLauro (D-Conn.) have sent a letter to the U.S. Department of Agriculture (USDA) urging the agency to “adopt a policy of greater transparency with respect to the microbiological testing” that the agency collects from meat slaughter and processing establishments. The letter cites a Salmonella outbreak in ground beef…

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