Food & Beverage Litigation & Regulatory Update

Tag: packaging

  • Schumer Urges FDA to Investigate Phthalates in Food Packaging

    Sen. Charles Schumer (D-N.Y.) has sent a letter to Scott Gottlieb, commissioner of the U.S. Food and Drug Administration (FDA), calling for an investigation into the use of phthalates in food and fast-food packaging. Citing a Journal of American Medicine Association Pediatrics report, Schumer argues that the health risks of phthalates are known but FDA…

  • Candy Maker Alleges Competitor Infringed Trademarks, Patents

    Sugarfina, maker of “luxury boutique” candies, has filed a trademark, copyright, patent and trade dress infringement suit against Sweet Pete’s alleging the competitor relied “heavily on several design elements of Sugarfina’s distinctive packaging and marketing” of Cuba Libre®, Peach Bellini®, Fruttini, Candy Cube, Candy Concierge and Candy Bento Box® products. Sugarfina v. Sweet Pete’s, No.…

  • Jelly Belly ECJ Suit Dismissed With Leave to Amend

    A plaintiff’s “cursory, formulaic recitation” of her purchase of Jelly Belly Candy Co.’s Sport Beans did not include enough factual allegations to establish a claim for relief, a California federal court has ruled. Gomez v. Jelly Belly Candy Co., No. 17-­0575 (C.D. Cal., order entered June 8, 2017). The plaintiff had alleged the candy maker’s…

  • FDA Announces Decisions on Perchlorate in Food Seals, Packaging

    The U.S. Food and Drug Administration (FDA) denied a citizen petition to ban the use of perchlorates in dry food packaging while revoking regulations permitting the use of potassium perchlorate in food­-container seals, saying industry makers no longer use the chemical. FDA said it will amend food additive regulations allowing the use of potassium perchlorate…

  • Ketchup Cap Maker Sues Kraft Heinz for Trade-Secret Misappropriation

    Kraft Heinz Foods faces a trade-­secret suit alleging it distributed documents containing confidential and proprietary drawings and specifications for plastic caps created by one of its long­-time vendors. AptarGroup, Inc. v. Kraft Heinz Foods Co., No. 17­521 (W.D. Pa., filed April 21, 2017). AptarGroup argues that Kraft distributed engineering and customer drawings providing detailed specifications…

  • Proposed California Legislation Would Ban PFCs From Fast-­Food Wrappers and Containers

    The California legislature is considering a bill to make the state the first in the nation to ban perfluorinated chemicals (PFCs) from restaurant food wrappers and containers. The bill proposes that food providers “shall not serve, sell, offer for sale, or offer for promotional purposes prepared food or fast food in, on, or with take-­out…

  • Putative Class Action Filed Against Ferrara Candy over Slack Fill Claims

    A consumer has filed a putative class action against Ferrara Candy Co. claiming that its packaging of Jujyfruits and other candies misleads consumers by misrepresenting the amount of candy contained in each box. Iglesias v. Ferrara Candy Co., No. 17-­0849 (N.D. Cal., filed February 21, 2017). The plaintiff claims that Ferrara “shortchanges consumers” by under­filling…

  • Stakeholders Voice Opinions About Modernizing “Healthy” at FDA Meeting

    Concerns about how or whether the term “healthy” should be used in food labeling and packaging prompted the U.S. Food and Drug Administration (FDA) to hold a public comment meeting on the issue on March 9, 2017. Current FDA regulations allow the use of the term “healthy,” as well as similar terms, as implied nutrient-­content…