A New Jersey federal court has dismissed claims filed against Plum PBC and Campbell Soup Co. alleging the companies sold baby food products containing high levels of heavy metals. In re Plum Baby Food Litig., No. 21-2417 (D.N.J., entered October 31, 2022). In finding that the plaintiffs lacked standing, the court echoed the reasoning followed by a Virginia federal court in a decision dismissing a lawsuit against Gerber with similar claims. "Plaintiffs purchased the baby food products from Defendants to feed their children, and these products were fully used for their intended purposes. [] Plaintiffs do not allege that their children have suffered physical harm: the children did not starve or become nutrient deficient. [] Imparting nutrition is ostensibly what Defendants advertised regarding its baby food products," the court found. "Moreover, the [U.S. Food and Drug Administration's (FDA's)] opinion that parents should not throw out their supply of packaged baby foods or…
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The Ninth Circuit has denied the Council for Education and Research on Toxics' petition for an en banc reconsideration of a March 2022 decision upholding a preliminary injunction on enforcing mandated warnings on products containing acrylamide under the Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop. 65). Cal. Chamber of Com. v. Council for Education and Research on Toxics, No. 21-15745 (9th Cir., entered October 26, 2022). The order denying the rehearing is brief, but one circuit judge issued a statement respecting the denial but asserting that the court should have granted the petition for rehearing. "The right to access the courts is one of 'the most precious of the liberties safeguarded by the Bill of Rights.' [] But in this opinion, without basis in law or precedent, this Court narrows that fundamental right. The panel opinion closes the courtroom doors to all those seeking to enforce provisions…
The U.S. Food and Drug Administration (FDA) has announced the release of the Interagency Food Safety Analytics Collaboration's annual report, which provides data on source attribution estimates for 2020 for Salmonella, E. coli and Listeria monocytogenes. The findings include that (i) "Salmonella illnesses came from a wide variety of foods"; (ii) "E. coli O157 illnesses were most often linked to Vegetable Row Crops (such as leafy greens) and beef"; and (iii) "Listeria monocytogenes illnesses were most often linked to Dairy products, Fruits, and Vegetable Row Crops."
A federal court in California has largely granted Mead Johnson & Company’s bid to throw out a proposed class action alleging the company misled consumers about just how much milk was in its Enfamil baby formulas. Martinez v. Mead Johnson & Co., LLC, No. 22-0213 (C.D. Cal., entered October 22, 2022). The court granted the company’s motion to dismiss on all but one of the plaintiff’s claims, her claim for unjust enrichment and restitution, and allowed the plaintiff to file an amended complaint. The plaintiff alleged in her February 2022 complaint that Mead Johnson engaged in misleading advertising by calling its Enfamil powdered infant products “Milk-based” when milk is one of the ingredients, not the primary ingredient by weight. The plaintiff alleged that at the time of purchase, she understood that phrasing to mean milk was the primary ingredient, but later learned the primary ingredient in the product was corn syrup…
An Illinois woman has filed a proposed class action against Mondelēz, alleging the company's Trident gum misleads consumers into believing its flavoring comes from peppermint or mint ingredients rather than artificial flavoring. Lesorgen v. Mondelēz Global LLC, No. 22-50375 (N.D. Ill., filed October 28, 2022). The product at issue in the suit is Trident Original Flavor gum. The plaintiff noted in the complaint that the front label states "ORIGINAL FLAVOR" with a picture of a blue-colored peppermint leaf. "By representing the Product as 'mint' or 'peppermint' without any qualifying terms, consumers and Plaintiff expected its taste was from mint or peppermint ingredient," the plaintiff said in the complaint. "However, the ingredient list in small print on the back does not identify any mint or peppermint ingredients, and gets its mint or peppermint taste from 'Natural and Artificial Flavor.'” The plaintiff asserts that the products' added natural and artificial flavor must…
A California consumer has filed a proposed class action against La Fermiere, alleging the yogurt maker misrepresented the origin of its products on its packaging. Manier v. La Fermiere Inc., No. 22-1894 (C.D. Cal., filed October 27, 2022). The plaintiff alleged she was misled by the product’s packaging into believing the yogurt she bought was made in France, and she would not have purchased the company’s yogurt had she been aware of the misrepresentations. According to the complaint, the defendant runs U.S. operations for a French-based company that manufactures, labels, distributes and sells yogurt in France and throughout Europe. It also manufactures, labels, distributes and sells yogurt products in the United States. "Defendant’s marketing, labeling and sale of the Products misleads a reasonable consumer to believe that the yogurts are made in France, by using the words 'Naturally French' on the front label," she asserted in the complaint. "Consumers interpret that…
2002 In the 2002 Farm Bill, Congress amended the Agricultural Marketing Act of 1946 to require retailers to notify their customers of the country of origin of covered commodities. 2003 FDA amended its regulations on nutrition labeling to require the inclusion of trans fats on the Nutrition Facts panel for conventional foods and dietary supplements. The change was intended to help consumers in maintaining healthy dietary practices. 2004 The Food Allergen Labeling and Consumer Protection Act of 2004 sought to help consumers with food allergies and their caregivers to more easily identify and avoid foods containing major food allergens. The Act identified eight major food allergens: milk, eggs, fish, Crustacean shellfish, tree nuts, peanuts, wheat and soybeans. 2007 In its Food and Drug Administration Amendments Act of 2007, Congress required the Secretary of Health and Human Services to establish within FDA a Reportable Food Registry. The purpose of the…
A federal court has denied a bid by Pilgrim’s Pride to throw out claims it misrepresented chicken it packaged and sold as “boneless” that wound up in recalled Trader Joe’s Chili Lime Chicken Burgers for having excessive amounts of bone. Innovative Solutions Int'l Inc. v. Houlihan Trading Co., Inc., No. 22-296 (W.D. Wash., entered October 18, 2022). The suit stems from the plaintiff’s 2021 purchase of approximately 240,000 pounds of chicken product from the Houlihan Trading Company. Pilgrim’s Pride, also a defendant, was the original producer, processor and packager of the chicken, according to the order. The chicken was labeled and included supporting documentation that it was “boneless” by industry standards. The plaintiff used the chicken to make and sell Trader Joe’s Chili Lime Chicken Burgers and sold the burgers to Trader’s Joe’s. After the grocery chain began to receive reports of bones in the burgers in September 2021, it stopped…
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 injury but rather argued that the injury they allegedly suffered was economic harm for having purchased "a product that was 'worthless or worth less' than the purchase price due to Defendant's material omissions." "Plaintiffs have not alleged the Baby Food Products failed to provide Plaintiffs' children with nourishment or to otherwise perform as intended," the court noted. "Although Plaintiffs never explicitly address whether they or their children consumed the Baby Food Products, the Court can infer the Baby Food Products performed as intended based on Plaintiffs' acknowledgement that they purchased said products repeatedly and 'frequently.'…
A federal court has dismissed a putative class action against baby and toddler-food manufacturer Sprout Foods Inc. after finding the plaintiffs failed to bring plausible claims that the company’s product labeling is misleading. Davidson v. Sprout Foods Inc., No. 22-1050 (N.D. Cal., entered October 21, 2022). The plaintiffs, a California couple, alleged the company’s product packaging contained statements about nutrition content, such as “3g of Protein, 4g of Fiber and 300mg Omega-3 from Chia ALA,” that constitute “nutrient content claims” in violation of U.S. Food and Drug Administration regulations. They alleged that Sprout violated the California False Advertising Act, the California Consumer Legal Remedies Act and the California Unfair Competition Law (UCL). They also brought claims of common-law fraud and unjust enrichment. In reviewing the plaintiffs’ fraud claims, the court found that the plaintiffs claim to make two showings: that the labels communicate a message that the products provide physical…
