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Food & Beverage Litigation & Regulatory Update

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  • Putative Class Action Alleges Juice Maker Used Deceptive Labeling

    A New York consumer has filed a putative class action against juice maker Suja Life, LLC, alleging the company deceptively labeled its juice blends as “Cold-Pressed.” Lumbra v. Suja Life, LLC, No. 22-893 (N.D.N.Y., filed August 28, 2022). The plaintiff alleges that the packaging of Suja’s “Cold-Pressed” juices led her to believe they were not…

  • TTAB Rejects Energy Drink Maker’s Application for ‘Purple Rain’ Trademark

    The U.S. Trademark Trial and Appeal Board (TTAB) has denied energy drink and dietary supplements manufacturer JHO Intellectual Property Holdings LLC’s bid to register the mark PURPLE RAIN in connection with its products. NPG Records, LLC v. JHO Intellectual Property Holdings LLC, No. 91269739 (T.T.A.B., entered August 23, 2022). JHO sought to register the mark…

  • EFSA Provides Opinions on Animal Welfare in Transport to Food Processing Facilities

    The European Food Safety Authority has issued several opinions, in keeping with its Farm to Fork Strategy, that provide guidance on compliance when transporting animals to food processing facilities and slaughterhouses. The opinions identify possible hazards to animal welfare in transport and provide information on combating disease or other disorders that would threaten animal welfare.…

  • Shook Partner Discusses US, EU Additive Lawsuits in Law360

    Shook Partner Connor Sears has authored “Food, Drug, Cosmetic Cos. Should Expect More Additive Suits” for Law360. In the article, Sears explores the recent spate of litigation alleging that additives approved for use by the U.S. Food and Drug Administration (FDA) are causing harm to consumers because the same additives are not approved for use in certain…

  • Court Dismisses Part of Gorton’s “Sustainably Sourced” Lawsuit

    A Massachusetts federal court has granted a motion to dismiss a request for injunctive relief but allowed to continue other claims alleging that Gorton’s Inc. misleads consumers by marketing its tilapia products as “sustainably sourced.” Spindel v. Gorton’s Inc., No. 22-10599 (D. Mass., entered August 24, 2022). The court noted that in a hearing, Gorton’s…

  • EU Changing Rules on Ethylene Oxide as Food Additive

    A notice in the Official Journal of the European Union has announced a tightening of restrictions on the allowable amount of ethylene oxide, “an important chemical substance having multiple uses, including the use as a sterilising agent and as a raw material in the manufacture of various products,” that is “a substance of concern classified…

  • Whole Foods’ “No Antibiotics, Ever” Campaign Misled Consumers, Plaintiffs Allege

    A group of California consumers and an animal welfare nonprofit have filed a putative class action against Whole Foods, alleging the grocer misled consumers about whether its beef products were truly antibiotic-free. Safari v. Whole Foods Market, Inc., No. 22-01562 (C.D. Cal., filed Aug. 23, 2022). The plaintiffs alleged that Whole Foods’ “No Antibiotics, Ever” slogan…

  • USDA Issues Final Rule Rolling Back Dual Labeling Regulations

    The U.S. Department of Agriculture has released its final rule amending its labeling provisions requiring dual labeling for meat or poultry products, which will take effect Oct. 17, 2022. The proposed rule sought to amend the Food Safety and Inspection Service’s (FSIS) labeling regulations to remove provisions that require packages of meat or poultry products…

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