Food & Beverage Litigation & Regulatory Update

Tag: seafood

  • Octopus Mislabeling Suit to Continue

    A California federal court has denied Vigo Importing Co.’s motion to dismiss a lawsuit alleging the company mislabels its products as containing octopus when they are actually composed of jumbo squid. Fonseca v. Vigo Importing Co., No. 16-2055 (N.D. Cal., order entered October 26, 2016). Vigo Importing sought to dismiss the claim on jurisdictional grounds, arguing…

  • EFSA Panel Recommends Further Assessment of Microplastics and Nanoplastics in Food

    Responding to a request from the German Federal Institute for Risk Assessment, the European Food Safety Authority’s (EFSA’s) Panel for Contaminants in the Food Chain (CONTAM Panel) has published a statement on the presences of microplastics and nanoplastics in food, particularly seafood. According to the CONTAM panel, microplastics range in size from 0.1 to 5,000…

  • CSPI Sues FDA for Inaction on Shellfish Regulation

    The Center for Science in the Public Interest (CSPI) has filed a lawsuit seeking to compel the U.S. Food and Drug Administration (FDA) to act on the organization’s 2012 citizen petition seeking establishment of a performance standard for controlling Vibrio vulnificus, bacteria responsible for several deaths related to seafood consumption. Ctr. for Sci. in Pub.…

  • Lawsuit Alleges Company Substituted Jumbo Squid for Octopus

    A consumer has filed a proposed class action against Vigo Importing Co. alleging its octopus product is actually jumbo squid, “which is significantly cheaper and of a lower quality than octopus.” Fonseca v. Vigo Importing Co., No. 16-2055 (N.D. Cal., San Jose Div., filed April 19, 2016). The complaint details each animal’s taxonomy within the…

  • DOJ Closes Maine Seafood Company for Unsanitary Conditions

    A Maine federal court has granted the U.S. Department of Justice (DOJ) a permanent injunction against Mill Stream Corp., a seafood company that allegedly failed to take measures preventing the formation and growth of Clostridium botulinum, the cause of botulism, or Listeria monocytogenes, the cause of listeriosis. U.S. v. Mill Stream Corp., No. 16-0080 (D. Me.,…

  • Costco Shrimp Case Dismissed for Lack of Standing

    A California federal court has dismissed a lawsuit against Costco Wholesale Corp. alleging the company’s shrimp was falsely advertised as adherent to a supplier code of conduct on human rights while the product was allegedly obtained through the use of slave labor. Sud v. Costco Wholesale Corp., No. 15-3783 (N.D. Cal., order entered January 15,…

  • NIOSH to Target Maritime Safety Issues

    The National Institute for Occupational Safety and Health (NIOSH) has launched a Center for Maritime Safety and Health Studies. The new program will reportedly coordinate research and intervention studies across the agency for this “high-risk worker population.” See NIOSH eNews, December 2015.   Issue 586

  • Advocacy Group Allleges Much “Wild” Salmon Is Mislabeled

    Conservationist group Oceana has issued a report purportedly finding that 43 percent of salmon samples purchased from U.S. restaurants and grocery stores were mislabeled. As a follow-up to a larger study, Oceana researchers DNA tested 82 salmon samples and compared them to the names under which restaurants and grocers sold them. Of the 32 salmon…