Italian food producers reportedly disagree on how to define whether a food product is "made in Italy" in accordance with the country's attempt to distinguish food produced in Italy, such as parmesan cheese or prosecco, from similar foods produced outside of the country. The dispute centers on whether foods manufactured in Italy using foreign ingredients may be labeled as "Made in Italy." According to Reuters, Parmesan and prosecco producers argue against such foods receiving the rights to use the label, while pastamaker Barilla asserts that its foods are just as Italian because the company is Italian despite manufacturing about half of its pasta in plants outside of Italy. See Reuters, June 2, 2017. Issue 637
California’s Office of Environmental Health Hazard Assessment (OEHHA) has announced that a public hearing on “naturally occurring” lead levels in chili or tamarind candy has been rescheduled for July 6, 2017. Comments on the petition may be submitted by email or in writing by July 20, 2017. Issue 637
The U.K. Advertising Standards Authority (ASA) upheld a complaint arguing an advertisement for Arla Foods’ organic milk was misleading because it included the statements “Good for the land” and “helping support a more sustainable future.” ASA reviewed evidence the company provided about its organic farming methods but concluded that the dairy had failed to substantiate its claim that organic milk production has an “overall positive impact on the environment, taking into account its full life cycle.” Accordingly, the agency ruled that the ad was misleading and told Arla not to make environmental claims about their products unless they could be substantiated. Issue 637
Responding to a challenge from Ragù® maker Mizkan Americas Inc., the National Advertising Division (NAD) has recommended that Campbell Soup Co. change broadcast ads featuring toddlers as “life-long pasta experts,” finding the ads are “puffery” and do not contain “a claim about the preferences of toddlers.” The ads showed a split-screen with one child eating and one child refusing the food. Campbell Soup said the claim was substantiated by a “statistically significant” taste test conducted with subjects aged six or older comparing Prego® and Ragù® sauces, but NAD said the ads did not contain a provable claim that young children prefer one sauce over another. Issue 637
The Seattle City Council has approved a tax on distributors of sugar-sweetened beverages (SSBs) proposed by the city’s mayor. SSBs covered by the tax include sports, fruit, energy and soft drinks as well as flavored syrups commonly used in coffee drinks. Baby formula, medications, weight-loss drinks, fruit juice and diet soft drinks are exempt from the tax. See Seattle Times, June 5, 2017. Issue 637
The family of Bob Marley will receive more than $2.8 million in damages and unpaid royalties from Jammin Java Corp. in a trademark-infringement suit. FiftySix Hope Rd. Music Ltd. v. Jammin Java, No. 16-5810 (C.D. Cal., order entered May 30, 2017). The family’s companies, 56 Hope Road Music Ltd. and Hope Road Merchandising LLC, own the late musician’s intellectual property and publicity rights and sued Jammin Java after it failed to pay royalties on a license to produce Marley Coffee. Jammin Java was founded by Marley’s son Rohan, who left the company in 2008. Issue 636
A proposed slack-fill class action against Harry & David LLC was dismissed after the parties voluntarily dismissed the action. Brown v. Harry & David LLC, No. 17-0999 (S.D.N.Y., stipulation filed May 22, 2017). The stipulation did not explain the reason for dismissal but stipulated that it was dismissed “with prejudice against the Defendant.” The plaintiff had alleged that 10-ounce containers of Moose Munch Milk Chocolate, Dark Chocolate, Classic Caramel and Cinnamon Maple Pecan popcorn mix were underfilled by as much as 43 percent. Issue 636
A consumer has filed a proposed class action alleging Sargento Foods misleadingly advertises its cheese products as “natural” despite containing genetically modified organisms (GMOs) or animal growth hormones. Stanton v. Sargento Foods, Inc., No. 17-2881 (N.D. Cal., filed May 19, 2017). The plaintiff asserts that the cows providing milk for the production of Sargento cheeses are fed GMO corn and soybeans as well as a growth hormone. Alleging violations of state consumer protection acts and breach of warranty laws, the plaintiff seeks class certification, damages, an injunction and attorney’s fees. Issue 636
A California jury found that retired University of California, Davis, professors willfully infringed the university’s patents on strawberries they developed in the school’s program. Regents of Univ. of Cal. v. Cal. Berry Cultivars, No. 16-2477 (N.D. Cal., verdict filed May 24, 2017). The professors formed a private strawberry-breeding company, California Berry Cultivars, after retiring from UC Davis. The jury found they had engaged in conversion, willful infringement, breach of duty of loyalty and breach of fiduciary duty, but released them from allegations that they interfered with the university’s business contracts or prospective economic relationships. Additional details appear in Issues 604 and 633 of this Update. Issue 636
A Muslim man who alleges he was served pork pepperoni on a pizza sold as halal has filed a $100-million putative class action against Little Caesar Enterprises. Bazzi v. Little Caesar Pizza, 17-7931 (Mich. Cir. Ct. Wayne Cty., filed May 25, 2017). According to the complaint, the plaintiff ordered the pizza at a franchise location in Dearborn, Michigan, that advertises halal pizza, but although the pizza box displayed a halal sticker, the pepperoni contained pork. Alleging breach of contract, unjust enrichment and fraud, the plaintiff seeks class certification, compensatory and punitive damages and attorney’s fees. Issue 636
