Food & Beverage Litigation & Regulatory Update

Tag: New York

  • California Senator, Consumer Groups Allege Link Between Soft Drink Consumption and Obesity

    The chair of the California Senate’s Select Committee on Obesity and Diabetes has reportedly announced a November 2009 hearing to discuss the purported link between sweetened beverage consumption and obesity. An author of the state’s menu labeling laws, California Senator Alex Padilla (D-San Fernando Valley) issued the September 17, 2009, press release in response to…

  • New Anti-Obesity Ad Campaign Draws Criticism from Beverage Association

    A new anti-obesity ad unveiled by the New York City Department of Health and Mental Hygiene depicts globs of human fat gushing from a soda bottle and asks the question: “Are you pouring on the pounds? Don’t drink yourself fat.” The ad urges viewers to choose water, seltzer or low-fat milk instead of high-calorie sodas…

  • Stay on Water Bottle Deposits Lifted in New York

    A federal court in New York has decided to allow most parts of a new state bottle-deposit law to take effect, lifting a injunction that would have delayed implementation until April 2010. Int’l Bottled Water Ass’n v. Paterson, No. 09-4672 (S.D.N.Y., decided August 13, 2009). Additional details about the litigation challenging the law’s constitutionality appear…

  • DOJ Seeks Court Order to Close Mexican-Cheese Processor in New York

    The Department of Justice (DOJ) is seeking to enjoin the operation of a cheese-processing facility in New York due to the Listeria monocytogene (L. mono) contamination of its Queso Hebra, Queso Fresco and Queso Cotija Molido cheeses. U.S. v. Peregrina Cheese, Inc., No. 09-2888 (E.D.N.Y., filed July 7, 2009). According to DOJ, state and federal inspections…

  • Humane Society Lacks Standing to Challenge Foie Gras Rules, Says State Appeals Court

    A New York appeals court has dismissed a lawsuit that sought a declaration from the state agricultural department that foie gras is an adulterated food product which poses a risk to human health. In re: Humane Soc’y of the U.S., Inc. v. Brennan, No. 506189 (N.Y. App. Div., decided June 18, 2009). According to the…

  • Insurer Not on the Hook for Settlement of Bad Faith Claim Involving Listeria Outbreak

    Pilgrim’s Pride Corp. settled claims that its insurance carrier unjustifiably refused to pay a significant portion of coverage owed to the food company arising out of a Listeria outbreak. The insurance company that agreed to provide coverage to Pilgrim’s insurer for any bad faith claims successfully mounted against it has been granted a declaratory judgment…

  • Suffolk County Legislature May Ban BPA in Baby Bottles

    A Suffolk County, New York, legislative committee on March 3, 2009, voted unanimously to prohibit the packaging chemical bisphenol A (BPA) from polycarbonate baby bottles. According to published reports, the bill goes before the full Suffolk County Legislature next week. The vote would reportedly ban BPA from baby bottles and cups sold in the county…

  • Pelman v. McDonald’s Corp.: Motions to Compel Dismissed with Leave to Renew

    The district court judge to whom this obesity-related litigation was reassigned in 2008 has dismissed motions to compel filed by plaintiffs and defendants, but has given the parties leave to renew after the court rules on motions for class certification. Pelman v. McDonald’s Corp., No. 02-7821 (S.D.N.Y., filed Sept. 30, 2002). Judge Robert Sweet recused himself…