Tag: New York
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New York Bill Would Allow Toys in Fast-Food Meals Meeting Nutritional Requirements
New York State Senator Gustavo Rivera (D-Bronx) has introduced a bill (S7849-2011) that would require fast-food restaurants offering incentive items, such as toys, with children’s meals to meet certain nutritional guidelines. The standards, designed to limit the amount of fat, sugar, calories, and sodium per meal, would be established by the state health commissioner. “Incentive…
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Putative Class Claims Dannon Yogurt Is Not Yogurt
A New York resident has filed a putative class action against The Dannon Co., alleging that because the company adds “filler materials, such as water, corn starch, and Milk Protein Concentrate” to products that it sells as yogurt, the products contain “banned additives” and, as a matter of federal law, are not yogurt, are misbranded…
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New York City Approves Serving-Size Limits on Sugary Beverages
The New York City Board of Health has adopted Mayor Michael Bloomberg’s recommendation to establish a maximum serving size of 16 ounces for sugar-sweetened, non-alcoholic drinks sold at local food establishments. Board members reportedly voted 8-0 with one abstention, one absence and one vacancy to amend Article 81 of the Health Code to place a…
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James Surowiecki, “Downsizing Supersize,” The New Yorker, August 13, 2012
“In an era of political polarization, Michael Bloomberg has the rare ability to come up with policies that enrage everyone,” opines New Yorker staff writer James Surowiecki in this August 13, 2012, article analyzing the mayor’s plan to prohibit all New York City food vendors from selling sodas in sizes larger than 16 ounces. Surowiecki…
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Federal Magistrate Refuses FDA Request for Stay in Livestock Antibiotics Dispute
A federal magistrate judge in New York has determined that the Food and Drug Administration (FDA) must begin proceedings to withdraw its approval of the use of certain antibiotics in livestock for non-therapeutic purposes on the agency’s timeline, thus denying FDA’s request for a stay while the matter is pending on appeal before the Second…
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New Claims Filed: Medical Monitoring Sought for Animals from Pet Food Co., Foie Gras Ban Challenged, Trade Secret Dispute over Beer Bottle Design, Challenge to “Guiltless” Alcohol Beverage Trademark
A New York resident has filed a putative class action against Diamond Pet Foods and Amazon.com, seeking medical monitoring for pets that consumed recalled Salmonella-tainted pet food. Cohen v. Schell & Kampeter, Inc., d/b/a Diamond Pet Foods, No. 12-3299 (E.D.N.Y., filed July 2, 2012). Plaintiff Steven Cohen alleges that he fed his dogs Taste of the…
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Court Rulings: Damages Apportioned Along Supply Chain in E. Coli Litigation, Taco Bell Cleared of Unauthorized Text Message Claims, “Heart Attack” and “Bypass” Sandwich Dispute Resolved, False Ad Suit over Muscle Milk® to Proceed, Skinny Girl Margarita® “All Natural” Claims Survive Motion to Dismiss, Conditions Imposed on Pesticide Spraying
The Wisconsin Supreme Court has decided which of the parties sued over an E. coli outbreak that sickened dozens of Sizzler Steak House patrons in 2000 and caused the death of a 3-year-old are liable for consequential damages, indemnity and costs under various supply chain and insurance contracts. Kriefall v. Sizzler USA Franchise, Inc., Nos. 2009AP1212 &…
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NRDC Seeks FDA Documents Assessing Risks of Antibiotics in Livestock Production
The Natural Resources Defense Council (NRDC) has filed a lawsuit against the Food and Drug Administration (FDA) and the Center for Veterinary Medicine (CVM) alleging that they have failed, in response to a Freedom of Information Act (FOIA) request, to produce documents pertaining to risk assessments for antibiotics used in livestock production. NRDC v. FDA,…