Food & Beverage Litigation & Regulatory Update

Tag: herbs and spices

  • Spices and Herbal Remedies Can Expose Children to High Levels of Lead, Researchers Report

    The North Carolina Childhood Lead Poisoning Prevention Program has reportedly found that children can be exposed to elevated levels of lead through consumption of spices and herbal remedies. Angelon-Gaetz et al., “Lead in Spices, Herbal Remedies, and Ceremonial Powders Sampled from Home Investigations for Children with Elevated Blood Lead Levels – North Carolina, 2011-2018,” Centers…

  • “Super Herb” Beverage Maker Facing Putative Class Action Complaint

    Rebbl Inc. faces a putative class action alleging its “super herb” beverages are falsely advertised and labeled because the claims made for their ingredients are “not supported by sound scientific evidence.” Richburg v. Rebbl Inc., No. 18-1674 (E.D.N.Y., filed March 16, 2018). The complaint alleges that beverages in Rebbl’s product line of “Elixirs” and “Proteins”…

  • U.S. Codex Delegates Schedule Spices and Culinary Herbs Meeting

    The U.S. Department of Agriculture’s Office of the Deputy Under Secretary for Food Safety and the Agricultural Marketing Service are convening a January 17, 2017, public meeting in Washington, D.C., to evaluate draft positions for consideration at the 3rd Session of the Codex Committee on Spices and Culinary Herbs (CCSCH) slated for February 6-10 in…

  • McCormick Black Pepper Slack-Fill Suit to Continue

    A D.C. federal court has denied McCormick & Co.’s motion to dismiss a competitor’s lawsuit alleging the company’s black pepper packaging contains too much slack fill. In re McCormick & Co., Inc., Pepper Prods. Mktg. & Sales Practices Litig., No. 15-1825 (D.D.C., order entered October 17, 2016). The lawsuit is part of multidistrict litigation joining…

  • FDA Extends Comment Periods for Draft Industry Guidance on Salt Reduction

    The U.S. Food and Drug Administration (FDA) has extended the public comment periods for draft guidance “that provides practical, voluntary sodium reduction targets for the food industry.” Titled ‘‘Voluntary Sodium Reduction Goals: Target Mean and Upper Bound Concentrations for Sodium in Commercially Processed, Packaged, and Prepared Foods,” the guidance sets short- and long-term sodium targets…

  • “Made in USA” Lawsuits Filed Against Rockstar, Heinz

    A plaintiff has filed two similar lawsuits against H.J. Heinz Co. and Rockstar, Inc. alleging the companies’ products wrongfully bear “Made in the USA” label claims because they contain “foreign ingredients.” Alaei v. Rockstar, Inc., No. 15-2959 (S.D. Cal., filed December 31, 2015); Alaei v. H.J. Heinz Co., No. 15-2961 (S.D. Cal., filed December 31,…

  • Black Pepper Slack-Fill Cases Consolidated

    The Judicial Panel on Multidistrict Litigation has consolidated three putative consumer class actions and a competitor lawsuit challenging McCormick’s alleged under-filling of its non-transparent black pepper containers. In re McCormick & Co. Inc. Pepper Prods. Mktg. & Sales Practices Litig., MDL No. 2665 (D.D.C., transfer order filed December 8, 2015). The court found that the actions…

  • California Supreme Court Allows Challenge to “Organic” Herbs

    The California Supreme Court has held that a consumer may sue Herb Thyme Farms, Inc. alleging its herbs are improperly labeled as “organic,” dismissing the farm’s contention that the Organic Foods Production Act of 1990 blocks such claims. Quesada v. Herb Thyme Farms, Inc., No. S216305 (Cal., order entered December 3, 2015). Details about previous…