Food & Beverage Litigation & Regulatory Update

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Food & Beverage Litigation & Regulatory Update

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  • Court Declines to Block Missouri “Meat” Law

    A Missouri federal court has reportedly declined to issue a preliminary injunction blocking the state from enforcing its law defining meat as derived from animals. The law requires plant-based or laboratory-grown food to feature a label indicating its source. Turtle Island Foods, the American Civil Liberties Union and the Good Food Institute have reportedly appealed…

  • Court Dismisses Capri Sun Citric Acid Lawsuit

    An Illinois court has dismissed a lawsuit alleging Kraft Heinz Foods Co. misleads consumers by marketing Capri Sun as free of preservatives despite containing citric acid. Tarzian v. Kraft Heinz Foods Co., No. 18-7148 (N.D. Ill., E. Div., entered October 10, 2019). The court first found that (i) the plaintiffs “failed to allege that the…

  • Plaintiff Argues Premature Honey Harvest Reduces Antioxidants, Misleading Consumers

    A consumer has filed a putative class action arguing that Dutch Gold Honey Inc. sells honey that lacks the antioxidants for which consumers purchase buckwheat honey, allegedly amounting to fraudulent misrepresentation and fraudulent concealment. Wolfe v. Dutch Gold Honey Inc., No. 19-4562 (E.D. Penn., filed October 1, 2019). “Unknown to Plaintiff and the Class, the…

  • FDA Warns Company Selling CBD Oil

    The U.S. Food and Drug Administration has published a warning letter it sent in September 2019 to a company selling cannabidiol (CBD) oil as a dietary supplement. “This product is labeled as a dietary supplement; however, it cannot be a dietary supplement because it does not meet the definition of a dietary supplement,” the letter…

  • California, Companies Agree to Restrict Chlorpyrifos

    The California Environmental Protection Agency (CalEPA) has announced that “virtually all use of the pesticide chlorpyrifos in California will end” in 2020 “following an agreement between the Department of Pesticide Regulation (DPR) and pesticide manufacturers to withdraw their products.” The companies apparently agreed to end sales of chlorpyrifos by February 6, 2020, and growers will…

  • EFSA Opens Public Consultation on Aflatoxins in Food

    The European Food Safety Authority (EFSA) has launched a public consultation on the risks associated with consuming aflatoxins, mycotoxins produced by two species of Aspergillus that “are known to be genotoxic (capable of damaging DNA) and carcinogenic.” Most human exposure to aflatoxins comes from contaminated grains and derived products, although they can also be found…

  • U.S. Agencies Announce Actions on Organics, NPIP, Hazard Analyses

    The U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) announced a number of developments in their work on organic food, poultry and food safety. FDA released an update on the implementation of the Food Safety Modernization Act (FSMA), announcing it will track outcomes for FSMA rules for inspections and recalls via the…

  • House Passes Cannabis Banking Bill

    The U.S. House of Representatives has passed the SAFE Banking Act, which allows financial-service firms to work with “cannabis-related legitimate businesses and service providers,” providing protection from federal prosecution for banks in states that have legalized cannabis. The bill, introduced by Rep. Ed Perlmutter (D-Colo.), has been sent to the Senate. In its press release…

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