Food & Beverage Litigation & Regulatory Update

Tag: pathogen

  • Court Dismisses Shareholder Suit Against Chipotle

    A Colorado federal court has dismissed a shareholder derivative action against Chipotle alleging the company’s officers and directors of food­-safety oversight failed to take action to prevent outbreaks of foodborne illness. Gubricky v. Ells, No. 16­-2011 (D. Colo., order entered June 7, 2017). The plaintiff claimed the defendants had failed to implement and enforce effective…

  • SCOTUS Denies Certiorari in Egg Cases

    The U.S. Supreme Court has denied certiorari in a six-­state coalition’s attempt to block enforcement of a California law requiring egg­-production facilities to provide hens enough space to extend their limbs and turn around. Missouri v. Becerra, No. 16­-1015 (U.S., denial of certiorari entered May 30, 2017). The rule affects private egg producers within each…

  • AAP Recommends Limiting Fruit Juice For Kids

    The American Academy of Pediatrics (AAP) has announced new recommendations limiting the amount of fruit juice that children consume to reduce the risk of obesity and dental caries. Whole fruit is preferable to fruit juice for nutrition and healthy weight gain, the group stated, because 100 percent juice is mostly water, with small amounts of…

  • DOJ Reaches Consent Decree with Valley Milk Over Contaminated Milk Powders

    The U.S. Department of Justice (DOJ) has obtained a consent decree against Valley Milk Products LLC prohibiting the sale of more than four million pounds of milk powder products and preventing the company from manufacturing the products in the future. U.S. v. All 50 pound high heat nonfat dry milk powder (Grade A), No. 16-­0076,…

  • Shareholder Suit Against Chipotle Over Foodborne Illnesses Dismissed by New York Court

    A New York federal court has dismissed a putative class action against Chipotle Mexican Grill Inc. alleging the burrito chain violated the Securities and Exchange Act of 1934 by making material misrepresentations about the company’s response to food-borne illnesses linked to its stores. Ong v. Chipotle Mexican Grill, Inc., No. 16­0141 (S.D.N.Y., order entered March…

  • Wrongful Death Suit Filed Against Makers of Allegedly Contaminated Cheese

    The widow of a Vermont man who died after eating raw­milk cheese allegedly contaminated with Listeria monocytogenes has filed suit against the manufacturer of the cheese, Vulto Creamery. Friedman v. Vulto Creamery LLC, No. 17­-0283 (N.D.N.Y., filed March 10, 2017). Vulto issued a recall of its Ouleout, Miranda, Heinennellie and Willowemoc raw-­milk cheeses in March…

  • FDA Denies CSPI Petition for Vibrio Performance Standard in Shellfish

    The U.S. Food and Drug Administration (FDA) has denied a February 9, 2012, petition filed by the Center for Science in the Public Interest (CSPI) that requested “a performance standard of non-detectable as determined by the best available method of detection for Vibrio vulnificus in molluscan shellfish intended for raw or processed raw consumption.” Citing…

  • Fourth Circuit Affirms FDA’s Authority to Issue Contamination Warnings

    The Fourth Circuit Court of Appeals has upheld a lower court’s determination that the U.S. Food and Drug Administration (FDA) had the discretion to issue an incorrect contamination warning about Salmonella-tainted tomatoes, which devalued a tomato farmer’s crop by $15 million. Seaside Farm v. United States, No. 15-2562 (4th Cir., order entered December 2, 2016).…