A study funded by the Robert Wood Johnson Foundation’s Healthy Eating Research Program claims that a decrease in TV food advertisements directed to children is “likely related to a shift in marketing tactics” as advertisers “migrate to new media such as Internet-based advergames and social media.” Dale Kunkel, et al., “Evaluating Industry Self-Regulation of Food Marketing to Children,” American Journal of Preventative Medicine, May 2015. After conducting a “systemic content analysis of food advertisements appearing in children’s TV programs on the most popular cable and broadcast channels,” the researchers report a decline of 25 percent in the rate at which food ads appeared during children’s programming. They also note a decrease in the use of licensed characters among signatories of the Children’s Food and Beverage Advertising Initiative. The study opines, however, that the foods and beverages advertised to children still fail to meet stringent nutritional standards. “The lack of significant improvement in…
Category Archives Issue 565
Big Red, Inc., a beverage company owned by Dr Pepper Snapple Group Inc., has filed a trademark infringement lawsuit against Catawissa Bottling Co., alleging that the company packages its Big Ben cream soda too similarly to Big Red’s red cream soda product. Big Red, Inc. v. Catawissa Bottling Co., Inc., No. 15-1423 (N.D. Tex., filed March 6, 2015). Big Red cites as distinctive its “consistent product packaging, which is unified by a central configuration: Two single syllable words, ‘BIG RED,” are featured prominently on the center of a label and positioned between stylized text or small accents. The label is then imposed on a clear, wide shouldered bottle with a tapered neck that angles smoothly towards the collar.” Big Ben “is artificially colored to an identical shade of red,” Big Red argues, and “is marketed in product packaging that is nearly identical.” Big Red alleges federal and state trademark and…
The Center for Science in the Public Interest (CSPI) has threatened to bring lawsuits against Plum Organics and Gerber Products Co. for allegedly deceptive trade practices in the marketing and labeling of their food products for babies and toddlers. In its May 11, 2015, letter addressed to Gerber and its parent company Nestlé S.A., CSPI notes that the company labels several of its products in the 2nd Foods, 3rd Foods and Graduates lines “as being composed of certain healthful ingredients, when, in fact, the Products contain substantial amounts of other less healthful, less valuable ingredients, such as apple juice, that are not identified at all on the [principal display panel].” Similar allegations appear in the letter addressed to the heads of Plum Organics concerning the company’s baby food and 4 Essential lines. The letters assert that both companies market the products as containing high amounts of “healthful, high-value ingredients, such…
An Illinois federal court has sentenced the former president of a Wisconsin cheese company to five days in jail, one year of probation and a $750,000 fine for lying to U.S. Food and Drug Administration inspectors about Queso Cincho de Guerrero cheese imported from Mexico and tainted with E. coli and Salmonella. U.S. v. Zurita, No. 12-0290 (N.D. Ill., sentence entered May 8, 2015). In 2007, Mexican Cheese Producers, Inc. reportedly received tainted cheese returned by retailers. Company workers apparently scraped and washed the cheese, and it was later resold. No illnesses related to the cheese were reported, and the government could not show that company owner Miguel Leal had ordered the workers’ actions, but he pled guilty in 2014 to charges of distributing tainted food and lying about it to federal inspectors. Government prosecutors asked for prison time of 10-16 months. “I don’t think I would have put him…
The General Court of the European Union has upheld a ruling that pomazánkové máslo, a product primarily marketed in the Czech Republic, cannot be labeled as “butter” under the single common market organization (CMO) regulation. Czech Republic v. European Commission, No. T-51/14 (Gen. Ct., order entered May 12, 2015). The product, a spread used in similar ways to butter, has a minimum fat content of 31 percent by weight, a minimum dry nonfat milk-material content of 42 percent, and a water content of up to 58 percent. The court ruled that the product does not meet the regulation’s standards, which require between 80 and 90 percent of milk-fat content, a maximum water content of 16 percent and a maximum dry material content of 2 percent. Further, the court ruled, the Czech Republic cannot circumvent the provisions of the single CMO regulation by claiming to be exempt if the product is…
A California federal court has dismissed the claims in a putative class action alleging that Flowers Bakeries misrepresents its Nature’s Own® bread as natural, healthy and wholesome despite containing synthetic ingredients, including azodicarbonamide, the “yoga mat chemical.” Romero v. Flowers Bakeries, No. 14-5189 (N.D. Cal., San Jose Div., order entered May 6, 2015). The plaintiffs argued that the brand name “Nature’s Own,” pictures of “stalks of wheat and pots of honey” and statements such as “no artificial preservatives, colors and flavors” on the packaging of the products misleads consumers into believing that the products are “a natural food product, therefore connoting that [the products] are somehow more healthy and wholesome.” The court found deficiencies in the plaintiff’s complaint, noting that she failed to clarify which misrepresentation allegations applied to which products. “It is not the task of the Court or of Defendant to diagram the intersection between the challenged products…
A New York federal court has granted in part and denied in part a motion to dismiss a lawsuit alleging that Hain Celestial’s Earth’s Best® food and body-care products are deceivingly labeled as “organic,” finding that the Organic Foods Production Act (OFPA) does not preempt the plaintiffs’ claims. Segedie v. Hain Celestial Grp., No. 14-5029 (S.D.N.Y., order entered May 7, 2015). The plaintiffs challenged 69 food products and 20 body-care products labeled “organic,” “natural” or “all natural,” arguing that they contain ingredients inconsistent with the company’s claims. In assessing precedent on preemption, the court found that a federal agency’s approval of a label does not bar any challenge to that label. The court also determined that the plaintiffs’ claims were legally sufficient as to both the “organic” and “natural” challenges. Hain argued that the ingredients in question were subject to an exemption under OFPA because they were nutrient vitamins or…
A proposed bill (A.B. 1357) that would have imposed a 2-cent per ounce tax on soft drinks, sweet teas, energy and sports drinks has failed to pass the California Assembly Health Committee by a vote of 10-6. “I am disappointed that the committee failed to act today on one of the biggest health crises facing our nation,” said Assemblymember Richard Bloom (D-Santa Monica), author of the legislation. “Diabetes is now the seventh largest cause of death in the nation. If current trends aren’t reversed, one-in-three children born after 2000—and specifically one-in-two African-American or Hispanic children—are expected to develop type 2 diabetes. The overwhelming view of health experts is that the single most significant cause of obesity and diabetes is overconsumption of sugar.” Revenue generated by the tax would have generated an estimated $3 billion for health, education and wellness programs aimed at reducing the incidence of obesity, diabetes, cardiovascular and…
The U.S. Food and Drug Administration (FDA) has issued draft guidance about the implementation of mandatory food recall provisions under the Food Safety Modernization Act (FMSA). The guidance provides answers to common questions such as “What evidence might FDA consider when deciding to move forward with a mandatory food recall under Section 423 of the Federal Food, Drug, and Cosmetic Act?” Interested parties may submit comments to the Division of Dockets Management until July 6, 2015. See Federal Register, May 7, 2015. Issue 565
The U.S. Department of Agriculture’s (USDA’s) Food Safety & Inspection Service (FSIS) has issued guidance about new labeling requirements for raw or partially cooked mechanically tenderized beef products, including those injected with marinade or solution. In addition to stating that the products have been mechanically, blade or needle tenderized, the labels must also provide cooking instructions to ensure their proper handling by household consumers, restaurants and similar venues. Because mechanical tenderization has been linked to the possible introduction of pathogens into the interior of beef products, certain cooking time and temperature combinations can prevent foodborne illness. The labeling mandate takes effect in May 2016 or one year after the new requirements are published in the Federal Register. See USDA Press Release, May 13, 2015. Issue 565
