A federal court in California has dismissed with limited leave to amend the second amended complaint filed on behalf of a putative nationwide class against Welch Foods, alleging that the company’s juice, beverage, spread, and jelly labels and Website violate California labeling law by including “no sugar added,” “all natural,” “no artificial flavors,” and “high in antioxidants” statements. Park v. Welch Foods, Inc., No. 12-6449 (N.D. Cal., order entered September 26, 2013). Agreeing that the complaint sounded in fraud and must comply with the heightened pleading standard of Federal Rule of Civil Procedure 9, the court noted that “Welch is after the who, what, where, when, and how surrounding the circumstances in which Plaintiffs were misled.” The company apparently argued that “portions of the complaint are generously and blindly appropriated from similar complaints filed in this district,” and that a 15-page limit would be appropriate. Still, “Welch wants to know specifically…
Category Archives Issue 499
A federal court in the District of Columbia has dismissed, for lack of standing, a lawsuit filed by the Humane Society of the United States and several other plaintiffs against the U.S. Department of Agriculture (USDA), challenging the secretary’s approval of the National Pork Board’s purchase of the slogan “Pork, The Other White Meat” from the National Pork Producers Council (NPPC). The Humane Soc’y of the U.S. v. Vilsack, No. 12-1582 (D.D.C., decided September 25, 2013). Details about the lawsuit appear in Issue 455 of this Update. According to the court, the individual pork farmer plaintiff lacked standing because he could not show that changes to the advertising funded by the pork checkoff program following the board’s purchase and retirement of the slogan affected him financially. In fact, since the board began advertising with the slogan “Pork: Be Inspired,” the net return on investment to pork producers rose from $13.8…
Calling it “ridiculous to say that consumers would expect snack food ‘made with real fruit’ to contain only ‘actual strawberries or raspberries,’ rather than these fruits in a form amenable to being squeezed inside a Newton,” a federal court in California has dismissed without leave to amend consumer fraud claims against the company that makes Nabisco strawberry and raspberry Newton cookies. Manchouck v. Mondeléz Int’l Inc., No. 13-2148 (N.D. Cal., decided September 26, 2013). The court determined that the plaintiff had Article III standing without alleging physical injury because this is not the sole measurement of injury-in-fact and the plaintiff alleged that she had paid a premium price for the products which she would not have purchased “at that price point absent the alleged misstatements.” The court agreed with the defendant, however, that the plaintiff had failed to meet the plausibility pleading standard set forth in Ashcroft v. Iqbal, 556 U.S.…
The U.S. Judicial Panel on Multidistrict Litigation (JPML) recently heard argument on the Center for Food Safety’s motion to transfer to a multidistrict litigation (MDL) court pending lawsuits against Monsanto Co. involving the genetically modified (GM) wheat that appeared in an Oregon farmer’s conventional wheat field and briefly disrupted exports to some of the nation’s trading partners. In re Monsanto Co. Genetically Engineered Wheat Litig., MDL No. 2473 (J.P.M.L., motion argued September 26, 2013). The center requested that suits filed in Idaho, Kansas, Oregon, and Washington be transferred to the Eastern District of Washington. Additional details about the Kansas litigation appear in Issue 486 of this Update.
The French Agency for Food, Environmental and Occupational Health and Safety (ANSES) has released a report that warns of the risks associated with consumption of energy drinks, particularly for children, pregnant women and people with certain genetic predispositions, such as cardiovascular or psychiatric and neurological disorders, kidney failure or liver disease. The agency also recommends that consumers stop drinking the beverages in combination with alcohol and during physical exercise, suggesting stricter laws on advertising and prohibiting the products from sporting events and festivals. Noting that caffeine has long been consumed throughout the world, ANSES reports that its “novel and increasingly popular presentation in the form of so-called energy drinks is changing consumption patterns,” with approximately 30 percent of the French population consuming enough energy drinks “to push themselves into states of anxiety (around six espressos).” French National Assembly Social Security Budget Rapporteur Gérard Bapt reportedly intends to propose a special…
The Food and Drug Administration (FDA) has extended until December 16, 2013, the period for submission of comments, scientific data and other information related to its risk assessment of human salmonellosis associated with the consumption of tree nuts. Originally published in the July 18 Federal Register, the assessment seeks to quantify the public health risk associated with eating tree nuts potentially contaminated with Salmonella and evaluate the impact of interventions to prevent contamination with the bacterium or to reduce contamination levels. Additional information about the risk assessment appears in Issue 491 of this Update. See Federal Register, October 4, 2013.
The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) has published a final rule addressing the recommendations submitted by the National Organic Standards Board (NOSB) as part of the 2013 sunset review of substances on USDA’s National List of Allowed and Prohibited Substances (the National List), which governs the use of synthetic and non-synthetic substances in organic crop and livestock production and handling. In addition to renewing for five years multiple exemptions (uses) and one prohibition on the National List in accordance with NOSB’s recommendations, AMS has removed an exemption for the synthetic form of tartaric acid made from malic acid, thus prohibiting its use in organic handling. Effective November 3, 2013, the final rule also includes the agency’s response to comments on the renewals of two synthetic substances—EPA List 3 Inerts and cellulose—and one non-synthetic substance—carrageenan—that are currently permitted in organic crop production, handling and processing. In particular,…
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