Mississippi's bill restricting the use of animal-derived food products to describe plant-based foods, which has been in effect since July 2019, has reportedly received proposed amendments that would allow food companies to use such words if they are modified by vegetable-associated qualifiers, such as "veggie," "meatless" or "plant-based." The updated regulation would also allow food establishments to keep animal-derived and plant-derived products separate "provided that such non-meat products comply" with the naming regulations "and do not contain any false or misleading consumer disclosures."
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The U.S. Government Accountability Office (GAO) has conducted a study on how "use by" and "best by" dates on food products could be improved to reduce food waste. The agency examined actions by the U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) and concluded with the recommendation that "USDA and FDA develop a mechanism to facilitate coordination with relevant nonfederal stakeholders on actions related to date labels," according to the agency. "USDA and FDA agreed with our recommendation and are planning actions to implement the recommendation."
The Coconut Coalition of the Americas has announced an effort to revise 2006 guidance interpreting the Food Allergen Labeling and Consumer Protection Act "to remove coconut from the list of 'tree nuts' identified as a major food allergen," according to a press release. "The fact is coconut is not a major food allergen nor is it a nut," the organization asserts. It cites the American College of Allergy, Asthma and Immunology to argue that coconut is a fruit rather than a tree nut, and although "allergic reactions to coconut have been documented, most people who are allergic to tree nuts can safely eat coconut."
A California federal court has rejected a trademark infringement claim on the grounds that the company alleging preceding use of the trademark manufactures cannabis-infused edibles, which are illegal under federal law. Kiva Health Brands LLC v. Kiva Brands Inc., No. 19-3459 (N.D. Cal., entered September 6, 2019). The parties to the litigation—Kiva Brands Inc. (KBI) and Kiva Health Brands (KHB)—dispute the rights of the "Kiva" trademark, and KBI argues that its ownership stems from its predecessor company selling cannabis-infused edibles in California since 2010. "While KBI is only asserting California common law rights to the KIVA mark [], it is doing so as a defense to a federal trademark claim," the court found. "That defense relies on KBI's prior use of the mark. [] KBI's prior use was illegal under federal law []. KBI therefore did not make lawful prior use of the mark. [] To hold that KBI's prior…
A California federal court has reportedly refused to lower the fine of $100 million that StarKist must pay following a guilty plea on charges of price fixing. The company apparently argued that the penalty could bankrupt it because it continues to face potential civil damages, but the court found that StarKist had legal recourse to ask for an extended payment schedule should financial troubles arise. Under the court's schedule, StarKist will pay $5 million within 30 days of the ruling, $11 million in 2020 and $21 million each year from 2021 to 2024.
The U.S. Court of Appeals for the Ninth Circuit has reversed a district court's decision not to apply an abstention that would defer a case on the legality of transporting hemp to state court proceedings. Big Sky Scientific v. Bennetts, No. 19-0040 (9th Cir., entered September 4, 2019). Hemp producers were reportedly hoping to receive guidance from the federal courts on the interpretation of the 2018 Farm Bill and its change in legal status for hemp, which producers began sending across state lines before states established regulatory frameworks for the crop.
Chipotle Mexican Grill Inc. has agreed to pay $6.5 million to settle allegations that it misleadingly marketed its food as free of genetically modified organisms (GMOs). Schneider v. Chipotle Mexican Grill Inc., No. 16-2200 (N.D. Cal., motion for preliminary approval filed September 11, 2019). Under the agreement, class members can receive 10 meals with proof of purchase, with a limit of 15 meals per household, or $2 per meal up to five meals without proof of purchase.
A study examining the health effects of soft drink consumption in 10 European countries reportedly found that both sugar-sweetened and artificially sweetened beverages are associated with greater all-cause mortality. Mullee et al., "Association Between Soft Drink Consumption and Mortality in 10 European Countries," JAMA Internal Medicine, September 3, 2019. The researchers assessed dietary intake of 451,743 participants and apparently found a correlation between consuming two or more soft drinks per day and higher rates of mortality from circulatory, digestive and neurodegenerative diseases.
A U.K. modeling study has apparently found that a 20% tax on foods with high levels of sugar could reduce rates of obesity more than taxes on sugar-sweetened beverages (SSBs). Scheelbeek et al., "Potential impact on prevalence of obesity in the UK of a 20% price increase in high sugar snacks: modelling study," BMJ, September 4, 2019. The study model predicted the effects of a 20% price increase on "three categories of high sugar snacks: confectionery (including chocolate), [cookies], and cakes." The model reportedly showed that the price increase would cause average Body Mass Index numbers for U.K. residents to decrease by 0.53. "This change could reduce the UK prevalence of obesity by 2.7 percentage points," the researchers assert.
The New York Times has published a piece on the city's proposed ban on force-fed foie gras. The authors speak to several stakeholders—including chefs, city council members and veterinarians—and tour the upstate New York production facilities of two of the country's three foie gras farms. The authors note that foie gras, "a luxury item," is "an easy target" for "anti-snobs." "It's enjoyed by foodies and gourmets: people most of this country resents," the author of The Foie Gras Wars reportedly told the paper. The authors note that the employees of the production facilities—where "[n]o ducks appeared unable to walk," they report, contradicting rumors about the production process—were worried about losing their jobs. "That’s 400 people, sure, but really, that’s 400 families," the head chef at one facility reportedly said, referencing the number of employees who work at both upstate New York facilities.
