Food & Beverage Litigation & Regulatory Update

Tag: packaging

  • NTP Soliciting Information and Experts for Project Regarding Association Between PFOA and PFOS Exposures and Immunotoxicity in Humans

    The National Toxicology Program’s (NTP’s) Office of Health Assessment and Translation is inviting information submissions about ongoing studies or upcoming publications targeting evidence of an association between exposures to perfluorooctanoic acid (PFOA) or perfluorooctane sulfonate (PFOS) and immunotoxicity to assist in the preparation of a monograph on the topic. PFOA and PFOS are chemical compounds…

  • Resealable Cookie Packaging Patent Invalidated as Obvious in Kraft-Kellogg Dispute

    An Illinois federal court has granted summary judgment in favor of Kellogg North America Co. in a lawsuit disputing the patented design of resealable cookie packaging. Intercontinental Great Brands LLC v. Kellogg N. Am. Co., No. 13-0321 (N.D. Ill., order entered August 3, 2015). Intercontinental Great Brands (formerly Kraft Foods Global Brands) sued Kellogg and…

  • Shook Attorneys Explore Slack-Fill Litigation for Law360

    Shook Partner Jim Muehlberger and Associate Iain Kennedy have co-authored an article for Law360 about slack-fill regulation and litigation. They note that although some product packaging uses unused space within a bottle or bag for functional purposes—transportation or theft protection, for example—companies have increasingly been targeted for litigation under the Fair Packaging and Labeling Act…

  • Danish Study Allegedly Links PFAS Exposure to Increased Miscarriage Risk

    A study involving 2,874 pregnant women enrolled in the Odense Child Cohort has noted “significant associations” between serum concentrations of perfluorinated alkylated substances (PFASs) and miscarriage. Tina Kold Jensen, et al., “Association between Perfluorinated Compound Exposure and Miscarriage in Danish Pregnant Women,” PLOS One, April 2015. According to the study, two types of PFASs—perfluorooctanoic acid…

  • Jury Finds for Heinz in “Dip & Squeeze” Packet Dispute

    A federal jury in Pennsylvania has found that H.J. Heinz Co. did not appropriate the idea of a dual-opening condiment packaging, the “Dip & Squeeze” packet, from a man who proposed a similar idea during a meeting with the company. Wawrzynski v. H.J. Heinz Co., No. 11-1098 (W.D. Penn., verdict entered April 1, 2015). The…

  • Cal/EPA Extends Comment Period on Proposal to List Styrene Under Prop. 65

    The California Environmental Protection Agency’s Office of Environmental Health Hazard Assessment (OEHHA) has extended the comment period about whether styrene meets the criteria for authoritative bodies listings under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65) until April 29, 2015. OEHHA announced its intent to list styrene as a chemical known…

  • Jamba Juice® “All Natural” Smoothie Kit Settlement Approved

    A California federal court has approved the proposed settlement in a class action alleging that Jamba Juice® mislabels its smoothie kits as “all natural” despite containing synthetic ingredients gelatin, xanthan gum, ascorbic acid, steviol glycosides, and modified corn starch. Lilly v. Jamba Juice Co., No. 13-2998 (U.S. Dist. Ct., N.D. Cal., settlement approved March 18,…

  • Senate Democrats Introduce Legislation Mandating BPA Warnings on Food Packaging

    Citing research studies alleging links between exposure to bisphenol A and various adverse health effects, U.S. Sens. Dianne Feinstein (D-Calif.) and Patrick Leahy (D-Vt.) have introduced the BPA in Food Packaging Right to Know Act. “Knowledge is empowering, and knowledge about BPA ingredients can also stimulate further reforms by the marketplace,” Leahy was quoted as…