Multidistrict litigation (MDL) plaintiffs who challenged claims that Tyson products were made from “chickens raised without antibiotics” have sought approval of a settlement reached with the company. In re: Tyson Foods Inc., Chicken Raised Without Antibiotics Consumer Litigation, MDL No. 1982 (D. Md., motion filed January 12, 2010). Under the terms of the settlement, Tyson will pay up to $5 million to three tiers of plaintiffs: those who can provide receipts (they can recover up to $50); those who can estimate how much they spent on the products, how often they purchased them and where the purchases were made (they can recover up to $10) and those who simply claim they purchased the product at least once and submit a claim for a $5 coupon instead of cash. Four named plaintiffs in the suits consolidated before the MDL court for pre-trial proceedings and four class members who were deposed will receive…
Category Archives Issue
A federal court has certified class claims against General Mills alleging that the company’s advertising for its premium-priced Yo-Plus® yogurt violates the Florida Deceptive and Unfair Trade Practices Act because the product does not provide any digestive health benefits that cannot be obtained from eating normal yogurt. Fitzpatrick v. General Mills, Inc., No. 09-60412 (S.D. Fla., decided January 11, 2010). The named plaintiff claimed that the company’s ads and promotional materials convinced her to try the product and that she consumed it on a regular basis for about a year. She claimed that her digestive health was the same before, during and after eating Yo-Plus® and thus, the company’s claims for digestive health benefits beyond those provided by normal yogurt are false, misleading and likely to deceive the public. She also alleged breach of express warranty and sought to certify a class of “[a]ll persons who purchased YoPlus in the State…
The First Circuit Court of Appeals has upheld an injunction against the enforcement of a Massachusetts law that regulated wine shipments in a manner that changed “the competitive balance between in-state and out-of-state wineries in a way that benefits Massachusetts wineries and significantly burdens out-of-state wineries.” Family Winemakers of Cal. v. Jenkins, No. 09-1169 (1st Cir., decided January 14, 2010). The statute at issue gave small wineries (those producing 30,000 gallons or less of grape wine annually) the most options for selling to consumers, either by direct shipment or through wholesalers and retailers. According to the court, most Massachusetts wineries are small wineries. Large wineries could sell either through wholesalers or by applying for a special license to ship directly to consumers; they could not do both. Apparently, Massachusetts has no large wineries. A group of California wineries and Massachusetts residents challenged the law, claiming it violated the Commerce Clause by effectively…
The American Meat Institute (AMI) has apparently submitted comments to the Office of U.S. Trade Representative contending that country of-origin labeling (COOL) requirements violate U.S. international trade obligations. According to AMI, the nation’s “credibility is undermined when U.S. legislation violates America’s commitments” under international agreements. AMI claims that the COOL requirements “are not consistent with U.S. obligations” under World Trade Organization (WTO) and North American Free Trade Agreement obligations or the General Agreement on Tariffs and Trade. The organization apparently characterizes COOL as “de facto discrimination against foreign products, a result even contemplated by sponsors of the legislation who declared that it would be ‘helpful to a lot of American agricultural producers’ and force companies to rely ‘on our independent producers here in this country.’” Canada and Mexico have asked the WTO to rule on the legality of the COOL law. See AMI Press Release, January 8, 2010; meatingplace.com, January 11,…
The National Salt Reduction Initiative (NSRI) has called on companies “to reduce the salt levels in 61 categories of packaged food and 25 classes of restaurant food,” issuing a list of proposed targets designed to cut the salt in these foods by 25 percent over five years. Led by the New York City Health Department, this partnership of cities, states and national health organizations apparently solicited input from the food industry in developing the proposed targets. NSRI will also accept additional comments until February 1, “especially from companies that have not yet participated in the target-setting process, as well as consumer organizations and other interested parties.” “Americans consume roughly twice the recommended limit of salt each day–causing widespread high blood pressure and placing millions at risk of heart attack and stroke–in ways that they cannot control on their own,” stated a January 11, 2010, press release, which noted that “some popular…
The U.S. Department of Agriculture’s Agriculture Marketing Service has issued a proposed rule that would amend the National List of Allowed and Prohibited Substances (National List) to reflect the recommendations of the National Organic Program Board (NOPB). The National List “identifies the synthetic substances that may be used and the nonsynthetic (natural) substances that may not be used in organic production,” as well as identifying “synthetic, nonsynthetic nonagricultural and nonorganic agricultural substances that may be used in organic handling.” The proposed rule would alter the National List to “amend the annotation for one exempted material (tetracycline) and add one substance (sulfurous acid) for use in organic crop production.” AMS will accept comments on the proposed rule until March 15, 2010. See Federal Register, January 12, 2009.
The American Soybean Association has reportedly submitted comments expressing concerns about agribusiness concentration to the Department of Justice and the U.S. Department of Agriculture (USDA) in response to their recent initiative on competition and regulatory issues in the agriculture industry. According to ASA President Rob Joslin, “In recent years, we have seen increased consolidation in various agricultural industries. Many farmers have questioned why high levels of concentration have not been more thoroughly reviewed and analyzed by the federal government to determine their impact on competition.” See Southeast Farm Press, January 11, 2010. The agencies announced that they would be holding a number of joint public workshops to explore these issues in a November 2009 news release. Discussions about issues for crop farmers, “including seed technology, vertical integration, market transparency and buyer power” will take place in Ankeny, Iowa, on March 12, 2010; production contracts, concentration and buyer power in the poultry industry…
The U.S. Department of Agriculture’s (USDA’s) Animal and Plant Health Inspection Service (APHIS) has published its notice about the availability of a draft environmental impact statement (EIS) for genetically modified (GM) alfalfa. The agency was required to prepare the EIS by a Ninth Circuit Court of Appeals ruling finding that APHIS violated the National Environmental Protection Act by failing to do so in connection with its determination that the crop could be deregulated. Comments must be submitted by February 16, 2010, and public meetings will be held on January 19 in Las Vegas; February 3 in Kearney, Nebraska; February 4 in Lincoln, Nebraska; and February 9 in Riverdale, Maryland. See Federal Register, January 12, 2010. Meanwhile, Food & Water Watch, a consumer advocacy organization, is calling on supporters to take action on the EIS by telling the USDA “loud and clear that consumers want foods that are free from genetic…
The Environmental Protection Agency (EPA) has reportedly created a special communications committee to address food safety concerns related to dioxin. According to a January 15, 2010, Inside EPA article, a forthcoming EPA reassessment is expected to identify dioxin “as highly toxic and bioaccumulative with most exposure occurring through the food supply.” The agency apparently undertook the reevaluation after a 2006 National Academy of Sciences report advised EPA to update its risk assessment of 2,3,7,8 Tetrachlorodibenzo-p-Dioxin (TCDD), a byproduct of combustions and other industrial processes. Inside EPA has anticipated that the pending EPA report will intensify public concerns “given existing data from the Food & Drug Administration (FDA),” which in 2009 reported that “over 95 percent of exposure arises from dietary intake of animal fats.” In addition, an EPA source has purportedly indicated that human body burdens are “probably” at levels higher than any reference dose recommended by the agency. Inside EPA…
The Federal Trade Commission (FTC) has issued a notice seeking public comments on a proposed set of self-regulatory guidelines submitted by i-SAFE, Inc. under the safe harbor provision of the Children’s Online Privacy Protection Rule. Comments must be submitted by March 1, 2010. The organization that prepared the proposed guidelines is a non-profit that for some years has partnered with industry to provide educational programs for children about online safety issues. It recently determined that it would become involved in assisting and licensing online “operators” with children’s online privacy issues. Among other matters, the i-Safe guidelines would (i) provide notice to parents about the information collected from children by i-Safe licensees, (ii) require verifiable parental consent for the collection of personal information from children; and (iii) provide parents with an opportunity to view the information collected and prevent its further dissemination. See Federal Register, January 13, 2010. In recent years,…
