Food & Beverage Litigation & Regulatory Update

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Food & Beverage Litigation & Regulatory Update

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  • Denmark to Ban PFAS from Food Packaging

    Denmark has reportedly passed a law that will ban per- and polyfluoroalkyl substances (PFAS) from cardboard and paper used for food packaging. “These substances represent such a health problem that we can no longer wait for the EU,” Denmark’s food minister is quoted as saying. Recycled paper may continue to be used if the PFAS…

  • Mississippi Proposes Amendments to “Meat” Definition Bill

    Mississippi’s bill restricting the use of animal-derived food products to describe plant-based foods, which has been in effect since July 2019, has reportedly received proposed amendments that would allow food companies to use such words if they are modified by vegetable-associated qualifiers, such as “veggie,” “meatless” or “plant-based.” The updated regulation would also allow food…

  • GAO Issues Report on “Use By” Labeling

    The U.S. Government Accountability Office (GAO) has conducted a study on how “use by” and “best by” dates on food products could be improved to reduce food waste. The agency examined actions by the U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) and concluded with the recommendation that “USDA and FDA develop…

  • Coconut Group Seeks Removal of Coconuts from “Tree Nut” Allergen Labeling

    The Coconut Coalition of the Americas has announced an effort to revise 2006 guidance interpreting the Food Allergen Labeling and Consumer Protection Act “to remove coconut from the list of ‘tree nuts’ identified as a major food allergen,” according to a press release. “The fact is coconut is not a major food allergen nor is…

  • Cannabis Edibles Co. Cannot Claim Trademark Ownership, Court Holds

    A California federal court has rejected a trademark infringement claim on the grounds that the company alleging preceding use of the trademark manufactures cannabis-infused edibles, which are illegal under federal law. Kiva Health Brands LLC v. Kiva Brands Inc., No. 19-3459 (N.D. Cal., entered September 6, 2019). The parties to the litigation—Kiva Brands Inc. (KBI)…

  • StarKist to Pay $100 Million in Price-Fixing Case

    A California federal court has reportedly refused to lower the fine of $100 million that StarKist must pay following a guilty plea on charges of price fixing. The company apparently argued that the penalty could bankrupt it because it continues to face potential civil damages, but the court found that StarKist had legal recourse to…

  • Ninth Circuit Sends Hemp Truck Case to State Court

    The U.S. Court of Appeals for the Ninth Circuit has reversed a district court’s decision not to apply an abstention that would defer a case on the legality of transporting hemp to state court proceedings. Big Sky Scientific v. Bennetts, No. 19-0040 (9th Cir., entered September 4, 2019). Hemp producers were reportedly hoping to receive…

  • Chipotle Settles GMO Lawsuit for $6.5 Million

    Chipotle Mexican Grill Inc. has agreed to pay $6.5 million to settle allegations that it misleadingly marketed its food as free of genetically modified organisms (GMOs). Schneider v. Chipotle Mexican Grill Inc., No. 16-2200 (N.D. Cal., motion for preliminary approval filed September 11, 2019). Under the agreement, class members can receive 10 meals with proof…

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