Tag: trans fat
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Nonagenarian Researcher Sues FDA for Failing to Ban Artificial Trans Fats
Four years after filing a citizen petition with the U.S. Food and Drug Administration (FDA) seeking a prohibition on the use of partially hydrogenated oils containing artificial trans fat in food for human consumption, 98-year-old University of Illinois Emeritus Professor of Comparative Biosciences Fred Kummerow has filed a lawsuit seeking an order compelling an agency…
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Federal Court Dismisses Misbranding Claims Against 7-Eleven
A federal court in California has dismissed with prejudice the breach of warranty claims made by a putative class as to purportedly “misbranded food products” sold by 7-Eleven, but dismissed the remaining consumer fraud claims without prejudice to allow the plaintiff to amend the complaint to meet the stringent pleading requirements for fraud-based allegations. Bishop v.…
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Ohio Appeals Court Strikes State Bill Preempting City Trans Fat Ban
An Ohio appeals court has determined that Ohio legislators improperly enacted an appropriations bill rider that was intended to preempt a Cleveland ordinance prohibiting the use of “industrially produced trans fat” in foods prepared by retail food establishments and food service operations, such as fast-food restaurants, unless the foods were served “in a manufacturer’s original sealed…
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Putative Class Seeks New Recipe for Nestlé Frozen Pizzas
A California resident has filed a putative nationwide class action against Nestlé USA, Inc., claiming that its use of partially hydrogenated vegetable oil (trans fat) in many of its frozen pizza brands, including DiGiorno®, Stouffer’s® and California Pizza Kitchen® violates California’s Unfair Competition Law and constitutes a nuisance under California Civil Code §§ 3479-3493. Simpson…
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Study Allegedly Supports NYC Trans Fat Ban
A recent study has reportedly concluded that a New York City regulation restricting the use of partially hydrogenated vegetable oil by all food service establishments “was associated with a substantial and statistically significant decrease in the trans fat content of purchases at fast-food chains, without a commensurate increase in saturated fat.” Sonia Angell, et al.,…
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Suit Claims Costco Mislabels Potato Snacks as “0 Grams Trans Fat”
Seeking to represent a statewide class of product purchasers, a California resident has filed a putative class action against Costco, alleging that the company falsely sells its Kirkland Signature Kettle Brand Potato Chips®, which purportedly contain “more than 13 grams of fat per 50 grams,” with a “0 Trans Fat” label. Thomas v. Costco Wholesale…
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State Court Allows Cleveland to Prohibit Trans Fats in Prepared Meals
A Cuyahoga County, Ohio, court has reportedly determined that a state law prohibiting municipalities from regulating the ingredients used in prepared foods, such as restaurant meals and grocery or bakery takeout items, does not preempt Cleveland’s ordinance prohibiting retail food establishments from selling foods containing trans fats. Cleveland announced the ban in April 2011, and…
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Ninth Circuit Dismisses “0 Grams Trans Fat” Class Action Against Ice Cream Co.
The Ninth Circuit Court of Appeals has affirmed the dismissal of a putative class action filed against Dreyer’s Grand Ice Cream, Inc., alleging that the company misrepresented its products by labeling them as “0g Trans Fat” when they actually contain some trans fat per serving. Carrea v. Dreyer’s Grand Ice Cream, Inc., No. 11-15263 (9th Cir., decided…