Food & Beverage Litigation & Regulatory Update

Tag: dairy

  • Wrongful Death Suit Filed Against Makers of Allegedly Contaminated Cheese

    The widow of a Vermont man who died after eating raw­milk cheese allegedly contaminated with Listeria monocytogenes has filed suit against the manufacturer of the cheese, Vulto Creamery. Friedman v. Vulto Creamery LLC, No. 17­-0283 (N.D.N.Y., filed March 10, 2017). Vulto issued a recall of its Ouleout, Miranda, Heinennellie and Willowemoc raw-­milk cheeses in March…

  • California Federal Court Dismisses Part of Chipotle GMO False Ad Suit

    A California federal court has granted in part and denied in part a motion to dismiss a lawsuit alleging Chipotle Mexican Grill Inc. misleadingly advertises its food as free of genetically modified organisms (GMOs) despite allegedly selling flour and corn tortillas with GMOs, using GMO soy in its cooking oils and serving meat and dairy…

  • New Meta-Analysis Targets Health Effects of Butter Consumption

    A meta-analysis examining the effect of dairy fats on health has identified “a small positive association between butter consumption and all-cause mortality, no significant association with incident CVD [cardiovascular disease] or CVD subtypes, and a modest inverse association with type 2 diabetes.” Laura Pimpin, et al., “Is Butter Back? A Systematic Review and Meta-Analysis of…

  • Dairy Groups Urge White House to Challenge WHO Guidelines Restricting Milk Consumption by Young Children

    The National Milk Producers Federation, International Dairy Foods Association and U.S. Dairy Export Council have authored a May 9, 2016, letter to President Barack Obama (D), asking the White House to reject proposed World Health Organization (WHO) guidance that “would discourage consumption of nutritious dairy products by young children.” Slated for presentation at the 69th…

  • Florida Creamery Loses First Amendment Challenge to “Skim Milk” Standard of Identity and Labeling Requirements

    A Florida federal court has rejected a Florida dairy farmer’s challenge to the state’s standard of identity for skim milk, which dictates that its nutrient content must be the same as that of unfortified whole milk, requiring the addition of vitamin A after processing. Ocheesee Creamery v. Putnam, No. 14-0621 (N.D. Fla., Tallahassee Div., order…

  • Actual Calories, Fat in Kraft Sour Cream Four Times the Label Listing, Lawsuit Alleges

    A consumer has filed a putative class action against Kraft Foods Group, Inc. alleging that the company’s Knudsen Hampshire Sour Cream is labeled as containing 60 calories with 3.5 grams of saturated fat per halfcup while the actual content is 240 calories with 14 grams of saturated fat. Appel v. Kraft Foods Grp., Inc., No.…

  • Czech Dairy Spread Is Not “Butter,” EU Court Says

    The General Court of the European Union has upheld a ruling that pomazánkové máslo, a product primarily marketed in the Czech Republic, cannot be labeled as “butter” under the single common market organization (CMO) regulation. Czech Republic v. European Commission, No. T-51/14 (Gen. Ct., order entered May 12, 2015). The product, a spread used in…

  • USDA Proposes Revisions to Origin of Livestock Rules

    The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service has proposed revisions to the origin of livestock requirements that govern the transition of dairy animals to organic production. Clarifying that a producer can transition dairy animals into organic production only once, the amendments would ensure that “after completion of this one-time transition, any new dairy animals…