As the Canadian Food Inspection Agency (CFIA) unveiled tougher Listeria-testing rules for ready-to-eat meat manufacturing facilities at the end of February 2009, one of the federal government’s food safety advisors reportedly claimed that the rules do not go far enough for large operations. The tougher rules resulted from last summer’s listeriosis outbreak that purportedly led to the deaths of 20 Canadians and was traced to ready-to-eat meats produced at a Maple Leaf plant in Toronto. The company reportedly cited the build up of Listeria “deep inside” two slicing machines as the most likely source. Under the new rules, effective April 1, operators producing deli meats and hot dogs must (i) begin testing food-contact surfaces up to once a week per line; (ii) look for trends in the results to catch potential problems; (iii) report all positive tests immediately to agency inspectors, who will be required to increase the frequency of…
Category Archives Issue 295
According to a news source, the executive vice president of China’s highest court has indicated that the courts will begin accepting the paperwork filed by parents who decided not to participate in the government’s compensation plan for injuries allegedly suffered by children who consumed melamine-tainted milk products. Court official Shen Deyong reportedly said in an online interview, “The courts have done the preparation work and will accept the compensation cases at any time.” He also reportedly indicated that more than 95 percent of the 300,000 victims’ families had accepted compensation. An organizer for those who held out said that hundreds are prepared to file individual claims, many of which the courts previously refused. Under China’s legal system, the courts must first accept the paperwork and then decide whether to act on the claims by opening an investigation or rejecting them. See Associated Press, March 3, 2009.
An Italian magistrate has reportedly determined that Nestlé Italia and Tetra Pak International are liable for the “psychological prejudice” of parents who gave their daughters milk purportedly contaminated with chemicals from the carton. The milk was apparently withdrawn from sale in France, Spain, Portugal, and Italy in late 2005, over concerns about the leaching of IsopropilThioXantone, a chemical used in printing on the cartons, into the dairy product. Millions of liters of liquid baby milk were reportedly recalled, and a consumers’ organization indicates that the latest ruling is the first in Italy since the product was withdrawn from the market. See Agence France Presse, March 2, 2009.
Since it was filed in 2002, the lawsuit filed by a putative class of teenagers alleging obesity-related injury purportedly caused by reliance on deceptive advertising for fast food has been appealed twice to the Second Circuit Court of Appeals and is now before its third trial court judge. Pelman v. McDonald’s Corp., No. 02-7821 (S.D.N.Y., filed Sept. 30, 2002). The case was reassigned to Judge Kimba Wood on February 27, 2009. Judge Wood was one of former President Bill Clinton’s picks for attorney general, but withdrew from consideration after questions were raised about the immigrants she had hired as household help. Nominated to the federal court bench in 1988 by President Ronald Reagan, the Harvard-educated jurist has served as chief judge of her district since 2006.
A federal court has granted the meat industry’s motion for a preliminary injunction and ordered California not to enforce a law, adopted on January 1, 2009, that would have required the immediate euthanization of nonambulatory animals in slaughterhouses regulated by the Federal Meat Inspection Act. Nat’l Meat Ass’n v. Brown, No. 08-1963 (E.D. Cal., decided February 19, 2009). The court found that the plaintiffs had a strong likelihood of success on the merits of their claim that the state law is expressly and impliedly preempted by the federal statute and that they were likely to suffer irreparable harm because some proscribed conduct is punishable by criminal fines and the state is immune from paying for other potential monetary losses. Balancing the public interests involved, the court found that the safety of the public food supply and the humane treatment of animals are adequately protected by the federal law. According to a…
A federal court in Washington recently approved a class action settlement in a case filed against egg farmers who allegedly engaged in unfair, deceptive and improper conduct in the marketing and sale of omega-3 fortified eggs. Schneider v. Wilcox Farms, Inc., No. 07-01160 (W.D. Wash., filed January 12, 2009). As we reported in issue 226 of this Update, the complaint alleged that the eggs the defendant marketed and sold contained omega-3 fatty acids “without proven cardiovascular benefits” and charged a premium for them, while taking advantage of consumers’ limited knowledge about different kinds of omega-3 and “artificially inflating the perceived amount of beneficial omega-3 fatty acids” in their product. Without conceding liability, the defendants agreed to pay $2,500 to each of the two named plaintiffs and attorney’s fees of $160,000. The order dismisses the plaintiffs’ claims with prejudice and bars members of the settlement class, defined as “[a]ll persons who…
Seeking “substantial damages,” a company that makes wild bird food has filed a lawsuit against a supplier that allegedly sold it peanut by-products originating from the Georgia facility linked to the Salmonella contamination outbreak. The Scotts Co., LLC v. Cereal Byproducts Co., No. 09-108 (S.D. Ohio, filed February 17, 2009). According to the complaint, the defendant sold and shipped peanut by-products to the plaintiff in December 2008 and January 2009, after it was known that the outbreak originated in the Blakely, Georgia, facility owned and operated by the Peanut Corp. of America (PCA), and repeatedly “made false representations” that the by-products did not come from a potentially contaminated PCA facility. The plaintiff was allegedly forced to recall its suet wild bird food products and incurred unspecified costs and injury to goodwill. The complaint alleges breach of contract, negligent misrepresentation and violations of Ohio’s deceptive trade practices law.
A putative class action filed in a California federal court against Snapple Beverage Corp. alleges that the company misleads consumers by labeling as “All Natural” products containing high fructose corn syrup (HFCS) and using the names of fruits for some products that “do not contain any significant amount of the fruit listed in the product’s name.” Von Koenig v. Snapple Beverage Corp., No. 09-00337 (E.D. Cal., filed March 4, 2009). The named plaintiff seeks to certify two subclasses of California consumers “to redress Defendant’s deceptive, misleading and untrue advertising and unlawful, unfair and fraudulent business acts and practices.” One subclass would involve those who purchased the company’s “All Natural Products” that contained HFCS; the other would include those who purchased “Fruit Products . . . which included the name or picture of a fruit in the product name or label but which did not contain a substantial amount of that…
California consumers have filed a putative class action against Van’s International Foods and retailers Whole Foods Market California, Inc., Trader Joe’s Co., and Costco Wholesale Co., alleging that Van’s frozen waffles did not accurately state the calorie and nutrient content throughout 2007 and into 2008. Hodes v. Van’s Int’l Foods, No. 09-01530 (C.D. Cal., filed March 4, 2009). According to the complaint, which seeks certification of a nationwide class, the sale in late 2006 of the company that made Van’s frozen waffles involved a change in personnel that required “reverse engineering the recipes for Van’s existing product lines.” That process allegedly resulted in findings that the nutritional information on the product packaging “contained numerous substantial inaccuracies.” The calorie, fat, sodium, carbohydrates, calcium, iron, and fiber content listed purportedly varied by 20 to 100 percent or more from the actual nutritional values. The plaintiffs allege that the company continued to “distribute…
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