Food & Beverage Litigation & Regulatory Update

Tag: Virginia

  • Heavy Metals Baby Food Suit Dismissed for Lack of Standing

    A Virginia federal court has held that plaintiffs alleging Gerber Products Co. sold baby foods adulterated with heavy metals do not have standing to sue. In re Gerber Prods. Co. Heavy Metals Baby Food Litig., No. 21-0269 (E.D. Va., Alexandria Div., entered October 17, 2022). The plaintiffs did not assert standing on the basis of personal…

  • Gruyere Can Come from Anywhere, Court Rules

    A Virginia federal court has reportedly confirmed that gruyere cheese does not need to be produced in the region near Gruyères, Switzerland, to carry the name in American stores. A consortium of cheesemakers in France and Switzerland near the region had appealed after the Trademark Trial and Appeals Board denied its application for a trademark,…

  • Virginia Law Limiting Use of “Milk” Advances

    Following a vote in the Virginia House Agriculture Subcommittee, the state’s House of Delegates will reportedly consider a bill that would limit the use of “milk” to describe the “lacteal secretion” from specific animals, including cows, sheep, goats, yaks, reindeer, water buffalo, horses and donkeys. During the subcommittee discussion, one delegate reportedly suggested adding “dairy”…

  • Another Outbreak Prompts Norovirus Lawsuits Against Chipotle

    Two consumers have filed lawsuits alleging they contracted norovirus after eating at one of Chipotle Mexican Grill’s locations. Hogan v. Chipotle Mexican Grill, No. 109599 (Va. Cir. Ct., Loudoun Cty., filed July 26, 2017); Moore v. Chipotle Mexican Grill, No. 109660 (Va. Cir. Ct., Loudoun Cty., filed July 26, 2017). Both complaints allege negligence and…

  • 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,…

  • Federal Court Dismisses Insurance Coverage Action in Tainted Baby Formula Case

    A federal court in Virginia has issued an order dismissing without prejudice claims filed against two insurers by a company that makes baby formula; the parties stipulated to the dismissal after similar litigation concluded with a defense verdict following trial in state court. PBM Nutritionals, LLC v. Arch Ins. Co., No. 09-194 (E.D. Va., order entered March…

  • Candy Makers Spar over Packaging

    Hershey Company has reportedly sued Mars for trademark infringement in a Pennsylvania federal court, alleging that colors used in the packaging for Mars’s Dove peanut-butter milk-chocolate Promises® candy is too similar to what Hershey uses for its Reese’s Peanut Butter Cups®. Mars apparently filed a preemptive suit just days earlier in a Virginia federal court,…

  • Fourth Circuit Upholds Alcohol Ad Restrictions in Virginia’s College Publications

    The Fourth Circuit Court of Appeals has turned aside a First Amendment challenge to a state law restricting advertisements for alcoholic beverages in college student publications. Educ. Media Co. v. Swecker, No. 08-1798 (4th Cir., corrected decision filed April 19, 2010). The restrictions at issue did not allow advertisements for alcohol in any college publication…