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Food & Beverage Litigation & Regulatory Update

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  • Researchers Purportedly Find Link Between Soda Consumption and Early Mortality

    A study examining the health effects of soft drink consumption in 10 European countries reportedly found that both sugar-sweetened and artificially sweetened beverages are associated with greater all-cause mortality. Mullee et al., “Association Between Soft Drink Consumption and Mortality in 10 European Countries,” JAMA Internal Medicine, September 3, 2019. The researchers assessed dietary intake of…

  • Tax on Foods with Sugar May Fight Obesity More than SSB Taxes, BMJ Study Asserts

    A U.K. modeling study has apparently found that a 20% tax on foods with high levels of sugar could reduce rates of obesity more than taxes on sugar-sweetened beverages (SSBs). Scheelbeek et al., “Potential impact on prevalence of obesity in the UK of a 20% price increase in high sugar snacks: modelling study,” BMJ, September…

  • New York Times Explores Potential Citywide Foie Gras Ban

    The New York Times has published a piece on the city’s proposed ban on force-fed foie gras. The authors speak to several stakeholders—including chefs, city council members and veterinarians—and tour the upstate New York production facilities of two of the country’s three foie gras farms. The authors note that foie gras, “a luxury item,” is…

  • Raw Chicken Contains Excess Water, Plaintiff Alleges

    A consumer has filed a putative class action alleging that Trader Joe’s Co. sells raw poultry products that contain more retained water than indicated on the package. Webb v. Trader Joe’s Co., No. 19-1587 (S.D. Cal., removed August 23, 2019). The complaint alleges that the retained water in some packaged poultry was found to be…

  • Whole Foods Water Contains Arsenic, Consumers Argue

    Citing a Consumer Reports piece investigating the arsenic content of several bottled-water brands, three plaintiffs have filed a lawsuit alleging that Whole Foods Market Inc. sells water that “has some of the highest arsenic levels of any bottled water presently being marketed in the United States, with some bottles exceeding the maximum arsenic contamination levels…

  • Court Dismisses Clif Bar White Chocolate Suit

    A California federal court has dismissed a lawsuit alleging that Clif Bars misled consumers into believing their bars contained white chocolate, but it granted the plaintiffs leave to amend their allegations. Joslin v. Clif Bar & Co., No. 18-4941 (N.D. Cal., entered August 26, 2019). The court first found that the plaintiffs failed to show…

  • DOJ Announces Guilty Plea in E. Coli Prosecution

    The U.S. Department of Justice (DOJ) has announced that Memet Beqiri had pleaded guilty to “a charge related to his meat processing business’s falsification of numerous E. coli test results,” according to a press release. Beqiri, owner and general manager of New England Meat Packing LLC, allegedly prepared and submitted falsified documents indicating that the…

  • FDA to Hold Standards of Identity Meeting

    The U.S. Food and Drug Administration (FDA) has announced a public meeting to discuss the agency’s “effort to modernize food standards of identity (SOI) and provide information about changes we could make to existing SOI, particularly changes that could be made across categories of standardized foods (i.e., horizontal changes), to provide flexibility for the development…

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