The U.S. Food and Drug Administration (FDA) has issued a warning letter to Curaleaf Inc. for "illegally selling unapproved products containing cannabidiol (CBD) online with unsubstantiated claims that the products treat cancer, Alzheimer's disease, opioid withdrawal, pain and pet anxiety." FDA cites the company's website and social media accounts to assert that Curaleaf's marketing establishes its products—including "Bido CBD for Pets"—as drugs or animal drugs because the products are portrayed as able to help alleviate anxiety and fear, among other purported benefits. The agency also indicated that it will update the public on its progress towards creating a CBD regulatory framework by fall 2019. "We understand this is an important national issue with public health impact and of interest to American hemp farmers and many other stakeholders. The agency has a well-established pathway for drug development and drug approvals, and we remain committed to evaluating the agency’s regulatory policies related…
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Mondelez Canada Inc. has filed a lawsuit in California federal court alleging Stoney Patch cannabis-infused gummies infringe the trademark and trade dress of Sour Patch gummy candies. Mondelez Canada Inc. v. Stoney Patch, No. 19-6245 (C.D. Cal., W. Div., filed July 19, 2019). Stoney Patch candies, which contain tetrahydrocannabinol (THC), and Sour Patch Kids are both sold in yellow bags with green accents featuring the first word of the brand in green, all-caps sans serif type and "Patch" in the same type in orange. Where the Sour Patch Kids bag features silhouettes of the candies—colorful gummies in humanoid shapes—the Stoney Patch bag features images of a marijuana leaf. Mondelez argues that "it is inconceivable" that Stoney Patch adopted its mark without notice of the Sour Patch design and Mondelez' trademark rights to it. The company alleges federal trademark infringement, trade dress infringement, trademark dilution and unfair competition, and it seeks…
Turtle Island Foods, which does business as The Tofurky Co., has filed a civil-rights action alleging an Arkansas law that "prohibits purveyors of plant- or cell-based meats from using the words 'meat' and related terms like 'beef,' 'pork,' 'roast,' and 'sausage'" is "a restriction on commercial speech that prevents companies from sharing truthful and non-misleading information about their products." Turtle Island Foods SPC v. Soman, No. 19-0514 (E.D. Ark., W. Div., filed July 22, 2019). Turtle Island argues that the law creates consumer confusion rather than helping resolve it, asserting that its own marketing and its competitors' marketing "emphasizes—through the use of commonly understood terms like 'veggie burger'—that their products are plant-based alternatives to meat from live animals." The complaint further argues that other laws already prohibit misleading or deceptive labeling, including the federal Food, Drug, and Cosmetic Act and the Federal Trade Commission Act. Turtle Island alleges violations of…
A consumer has filed a putative class action alleging that Welch Foods Inc.'s grape juices contain excessive levels of lead and arsenic, citing a January 2019 article appearing in Consumer Reports. Labajo v. Welch Foods Inc., No. 19-1306 (C.D. Cal., filed July 16, 2019). The complaint also cites California's Safe Drinking Water and Toxic Enforcement Act (Prop. 65), noting, "This Complaint does not allege a violation of Proposition 65. Proposition 65 is relevant, however, to the extent it provides information concerning the material omissions in violation of California's Consumer Protection laws, and guidance as to a reasonable consumer's purchasing decisions." The plaintiff seeks class certification, injunctions preventing fraudulent business practices and requiring disclosure of lead and arsenic content, restitution, damages and attorney's fees for alleged violations of California consumer-protection statutes.
The U.K. Cabinet Office has begun an open consultation on general health policies, including nutrition initiatives. The consultation includes an announcement that the government will ban the sale of energy drinks to children under 16, with the full policy to be announced "in our consultation response shortly." The consultation response will also include details of a proposed policy on "making calorie labelling mandatory in the out-of-home sector, such as restaurants, takeaways and cafes." Further, the government has identified five areas of the country that will test programs to restrict advertising for foods high in fat, sugar and salt, incentivize business to "improve their retail offer," improve accessibility and affordability of healthy foods and "create healthier food environments through the planning system." The consultation also includes plans for "infant feeding, clear labelling, food reformulation improving the nutritional content of foods, and support for individuals to achieve and maintain a healthier weight."
The U.S. Department of Justice (DOJ) has announced that Michael Casey, vice president of Casey's Seafood Inc., has pleaded guilty to charges of falsely labeling almost 400,000 pounds of crab meat as derived from Atlantic blue crab in the United States despite importing the meat from a number of countries, including Indonesia, China, Thailand and Vietnam. Casey's guilty plea comes after a conviction for his father on similar charges. The foreign crab meat, which the company reportedly repacked into containers labeled "Product of USA," had a wholesale value of approximately $4,324,916. “U.S. consumers expect the origin of their seafood to be correctly identified. When sellers attempt to deceive the public about their product’s origins, they put the public’s health at risk by introducing seafood of unknown origin,” a DOJ investigator is quoted as saying in an agency press release. “When sellers are deceptive about their products’ origins, they deprive the…
The EU International Platform of Insects for Food and Feed (IPIFF) has released guidance intended to assist industry with labeling provisions for insect-based foods. "While specific insect-based products are currently approved by certain Member States, it is foreseen that a number of novel food applications will be authorised by the European Commission in the near future - eliminating the barriers for the EU trade of edible insect-based products," a press release states. The guidance includes instructions for nutrition and health claims, country of original labeling, allergen labels, food naming and ingredient listings.
The General Court of the European Union has confirmed that bisphenol A (BPA) is a substance of very high concern under the EU's REACH Regulation. PlasticsEurope, which represents four companies that sell BPA-related materials, challenged the categorization. The organization argued that the listing should exclude intermediate uses of BPA, including as an on-site isolated intermediate or a transported isolated intermediate. The General Court ruled that the uses were not exempt from the REACH Regulation, noting that "one of the objectives of the candidate list of substances is the establishment of information sharing obligations in respect of substances of very high concern within the supply chain and with consumers. The identification of a substance as a substance of very high concern serves to improve information for the public and professionals as to the risks and dangers incurred. The General Court therefore considers that the contested decision is consistent with the objective…
Friendly's Manufacturing and Retail markets its ice-cream products as "flavored exclusively from vanilla beans" but uses artificial flavors in at least 57 products, including cakes, cartons, cones, bars and sandwiches, according to a consumer's putative class action. Charles v. Friendly's Mfg. & Retail LLC, No. 19-6571 (S.D.N.Y., filed July 15, 2019). The complaint asserts that Friendly's sells its products as "vanilla" flavored but does not use vanilla-derived flavor. "The Products are misleading because they are marketed as vanilla ice cream adjacent to other vanilla ice cream products which contain vanilla flavoring exclusively from vanilla beans," the plaintiff argues, providing a competitor's label showing "vanilla extract" as an ingredient. "Where two similarly labeled products are situated in the same category or section of a store and their representations as to quality and/or fill are identical, yet the former is lacking the quantity of the characterizing ingredient (vanilla) or qualities, the reasonable…
A consumer has filed a putative class action alleging that Post Consumer Brands' Honey Bunches of Oats is misleadingly named because the cereals are sweetened primarily by "sugar, corn syrup, and other refined substances, and contain only miniscule amounts of honey." Tucker v. Post Consumer Brands LLC, No. 19-3993 (N.D. Cal., filed July 11, 2019). The complaint details the alleged "negative health effects of consuming excess amounts of sugar" and asserts that "the branding and packaging of the Products convey the clear message that honey is the primary sweetener or—at a minimum—that honey is a significant sweetener compared to sugar and other refined substances that are perceived by consumers to be unhealthy or less healthy. Unfortunately for consumers, this message is simply untrue." The plaintiff includes the ingredient lists for several Honey Bunches of Oats varieties, which show "sugar" as the second or third ingredient along with "brown sugar," "corn…
