A federal court in Texas has determined that a trademark and patent infringement lawsuit involving Frito-Lay North America’s corn chip products can be maintained in the Eastern District of Texas because it has jurisdiction over the defendants and the defendants failed to show that it was “clearly more convenient” to litigate the matter in Arkansas. Frito-Lay N. Am., Inc. v. Medallion Foods, Inc., No. 12-74 (E.D. Tex., order entered March 30, 2012). Details about the case are included in Issue 427 of this Update. According to the court, after Frito-Lay notified the defendants that their BOWLZ product infringed its patent and trade dress rights, the defendants filed a complaint for declaratory relief in the Eastern District of Arkansas. Frito-Lay filed its suit the same day in the Eastern District of Texas. The Arkansas court stayed that action pending the Texas court’s ruling on jurisdiction and venue, noting that “[i]f the…
Category Archives Issue 434
The U.S. Supreme Court has invited the U.S. solicitor general to submit a brief addressing the issues raised in a dispute over patent exhaustion and second-generation genetically modified (GM) seeds. Bowman v. Monsanto Co., No. 11-796 (U.S., order entered April 2, 2012). An Indiana farmer, who was found to have infringed Monsanto’s patents by planting the Roundup Ready® soybeans he purchased from a grain elevator, filed a petition for certiorari, arguing that when the company sold its patented seeds to a different farmer, who later sold the soybeans to the grain elevator, it exhausted its rights to that seed and all of its descendants. He was not required to sign a licensing agreement before buying “commodity” soybeans and thus claims that he was free to plant them and then save and replant each crop in future seasons. Monsanto reportedly contends that each generation is a separate product and that the…
The Maharashtra Food and Drug Administration (MFDA) has reportedly seized more than 1 million cans of Red Bull®, an energy drink containing 250-300 parts per million (ppm) of caffeine, on the ground that the product exceeds the 145 ppm limit for carbonated beverages. according to a press report, no separate standards for caffeine in energy drinks exist, but the Food Safety and Standard Act 2006 states that all drinks containing caffeine should follow the carbonated beverage rules. The nation’s Food Safety and Standards Authority is developing a new energy drink category that could allow higher caffeine content. The action is apparently the second in India; Tamil Nadu has also evidently targeted the beverage for exceeding caffeine limits. MFDA Commissioner Mahesh Zagade reportedly said, “Caffeine is addictive and it has a long-term impact. Youngsters today are increasingly consuming alcohol with Red Bull. Parents should be keeping a check on what their…
The Broadcasting Authority of Ireland (BAI) has announced a public consultation regarding draft commercial codes that would prohibit the advertising of foods high in fat, sugar and salt (HFSS) during TV programs where more than 50 percent of viewers are younger than age 18. According to a March 30, 2012, BAI press release, the consultation considers new drafts of the General Commercial Communications Code and Children’s Commercial Communications Code, the latter of which currently makes commercials, sponsorships and other product placements “of particular interest to children, or those broadcast during children’s program[s],… responsible in their messaging and portrayal of food and drink to those aged under 18.” Drafted after receiving more than 226 submissions from a previous consultation, the proposed codes would specifically regulate advertisements for HFSS products as well as adopt a “nutrient profiling model” “to assess the nutritional profile of food and non-alcoholic drink.” In particular, the draft…
The U.K. Food Standards Agency (FSA) has announced a moratorium on the production of “desinewed meat” (DSM) from cattle, sheep and goats after the European Commission decided “that DSM does not comply with European Union [EU] single market legislation.” Produced using “a low pressure technique” to remove meat from bone but retain the structural integrity of the muscle fibers, DSM reportedly resembles “minced meat” and “is regarded as meat” by FSA. Although the Commission evidently does not view DSM as a health concern, it reportedly threatened to ban U.K. meat exports unless FSA issued a moratorium and reworked legislation to comply with the EU definition of “mechanically separated meat” (MSM), that is, “the product obtained by removing meat from flesh bearing bones after boning or from poultry carcasses, using mechanical means resulting in the loss or modification of the muscle fibre structure.” Meanwhile, the British Meat Processors’ Association (BMPA) has…
The U.S. Department of Agriculture (USDA) recently announced the expansion of its Quality Monitoring Program to include extra virgin and organic extra virgin olive oil. According to an April 3, 2012, post on the USDA blog, the program hopes to address questions raised in the last few years about olive oil quality and provide consumers with assurance that the products they purchase meet grade standards. Under the program, which already evaluates other commodities such as canned, frozen and fresh fruits and vegetables, the Agricultural Marketing Service will verify “olive oil quality and purity using criteria based on the U.S. grade standards . . . and international criteria,” as well as conduct “unannounced plant visits to review product processes, quality assurance measures, and recordkeeping systems.” Products from the first program participant, Baltimore-based Pompeian, Inc., have reportedly met “chemical testing and flavor analysis requirements” and the company has agreed to additional site inspections.
U.S. Representative Chellie Pingree (D-Maine) has reportedly introduced legislation that would require manufacturers to label products containing lean finely textured beef (LFTB) trimmings. Dubbed the “Requiring Easy and Accurate Labeling” or REAL Beef Act, the proposal would mandate such labels “at the final point of sale” to inform consumers that they are purchasing what Pingree described in a March 30, 2012, press release as “pink slime.” Citing an online petition calling for an end to LFTB in school lunches, Pingree argued that consumers “have made it pretty clear they don’t want this stuff in their food. If a product contains connective tissue and beef scraps and has been treated with ammonia, you ought to be able to know that when you pick it up in the grocery store.” Meanwhile, the U.S. Department of Agriculture (USDA) has apparently agreed to grant manufacturers’ requests to voluntarily label LFTB trimmings in their products.…
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