Food & Beverage Litigation & Regulatory Update

Tag: packaging

  • Plain Food Packaging Might Encourage Consumption

    Plain food packaging for snack foods decreases purchase intention and brand perception but increases actual consumption among some consumers, according to French and Belgian researchers. Carolina O.C. Werle, et al., “Is plain food packaging plain wrong? Plain packaging increases unhealthy snack intake among males,” Food Quality and Preference, December 2015. Billed as the first to…

  • NAD Refers “Danish” Cookie Controversy to FDA, FTC

    The National Advertising Division (NAD), an investigative unit of the U.S. advertising industry’s system of self-regulation, has referred to the U.S. Food and Drug Administration (FDA) and Federal Trade Commission (FTC) an ad campaign for Danisa “Traditional Butter Cookies,” which are manufactured by the Mayora Group in Indonesia and distributed by Takari International, Inc. NAD…

  • “Eco-Friendly” Meal Delivery Packaging Claims Should Be Discontinued, NAD Rules

    After a review by the National Advertising Division (NAD), the advertising industry’s self-regulation investigative arm, Gobble, Inc. has agreed to discontinue claims that packaging for its meal-delivery services is “eco-friendly.” NAD requested substantiation for several claims appearing on Gobble’s website, including the company’s use of “insulated liners that are biodegradable so that you can dispose of…

  • Ninth Circuit Upholds Dismissal of Tin Can Conspiracy Allegations

    The Ninth Circuit Court of Appeals has rejected Stanislaus Food Products Co.’s attempt to revive a lawsuit alleging that several major manufacturers of tin cans conspired to cede the market to a single company, USS-POSCO Industries (UPI). Stanislaus Food Prods. Co. v. USS-POSCO Industries, No. 13-15475 (9th Cir., order entered October 13, 2015). “This appeal, which…

  • School Meals Allegedly Linked to Chronic BPA Exposure

    School meals may contain enough bisphenol A (BPA) to exceed low-dose toxicity thresholds, according to Stanford and Johns Hopkins researchers. Jennifer Hartle, et al., “Probabilistic modeling of school meals for potential bisphenol A (BPA) exposure,” Journal of Exposure Science and Environmental Epidemiology, September 2015. Using federal school nutrition guidelines as well as information obtained from…

  • Lindt Prevails over Haribo in Gold Bear Battle

    Germany’s highest court has ruled that Swiss chocolatier Lindt & Sprüngli did not violate German confectioner Haribo’s trademark “Gold Bear” when it began selling a chocolate bear wrapped in gold foil in 2011. Haribo has produced Gold-Bear® gummy bears for several decades, which are sold in gold packages featuring a yellow bear wearing a red…

  • New York City Ban on Polystyrene Invalidated

    A New York state court has vacated a New York City prohibition on expanded polystyrene foam (EPS) after a challenge by several food companies, supermarkets and food-service businesses that used EPS in their food packaging. Dart Container Corp. v. De Blasio, No. 100734/15 (N.Y. Super. Ct., order entered September 21, 2015). The court provides a history…

  • ATSDR Issues Perfluoroalkyls Profile for Renewed Public Comment

    Citing a “plethora of new data” published since issuing its toxicological profile for perfluoroalkyls in 2009, the Agency for Toxic Substances and Disease Registry (ATSDR) has reissued the profile seeking additional information about the alleged health effects of exposure to the synthetic chemicals. PFOA and PFOS are the two perfluoroalkyls produced in the largest amounts…