California’s attorney general (AG) has filed a suit against a number of candy manufacturers and grocery retailers, alleging that they have violated Proposition 65 (Prop. 65) by failing to label “ginger candies and other food products containing ginger” and/or “plum candies and other products containing plums,” which the AG claims contain lead, a substance known to the state “to cause cancer, birth defects, and other reproductive harm.” People v. Dakota Bros., No. __ (Cal. Super. Ct., San Francisco Cty., filed April 30, 2013). Under Prop. 65, “businesses must provide a ‘clear and reasonable warning’ before exposing individuals to lead,” according to the complaint, and the defendants have allegedly not provided such warnings. The AG seeks civil penalties, not to exceed $2,500 per day for each violation, injunctive relief, attorney’s fees, and costs.
A federal court in Georgia considering the criminal charges filed against former Peanut Corp. of America owner Stewart Parnell has denied his request for the return of his passport “for purposes of employment-related international travel.” United States v. Parnell, No. 13-12 (M.D. Ga., order entered April 26, 2013). Parnell apparently surrendered his passport as a condition of his pretrial release. Parnell and company managers were charged in a 76-count indictment over a nationwide Salmonella outbreak in 2009. Additional information about the charges appears in Issue 472 of this Update. According to the court, Parnell was allowed to be released “on an unsecured $100,000 bond with no pretrial supervision by the U.S. Probation Office,” and, because he did not show that he cannot find employment within the United States and no other changes have taken place since the conditions were set, the court had no basis for returning the passport.
Monster Beverage Corp. has filed a complaint for declaratory and injunctive relief against San Francisco’s city attorney, who launched an investigation into the company’s alleged marketing of energy drinks to children in October 2012. Monster Beverage Corp. v. Herrera, No. 13-786 (C.D. Cal., E. Div., filed April 29, 2013). According to the complaint, City Attorney Dennis Herrera has threatened to sue the company under the Sherman Law and California’s consumer protection laws if Monster does not agree to reformulate its product to lower the caffeine content, provide adequate warning labels, cease promoting over-consumption in marketing, cease using alcohol and drug references in marketing, and cease marketing to minors. The energy beverage maker contends that Herrera’s investigation and demands are preempted by federal law and represent an attempt to “usurp FDA’s [the Food and Drug Administration’s] regulatory authority” contrary to the primary-jurisdiction principle. Monster also claims that Herrera’s conduct violates the…
A federal court in California has reportedly ordered two plaintiffs’ law firms to disclose under seal any contributions made “either directly or indirectly by the firm or by any member of the firm to the Democratic Attorneys General Association from January 1, 2012, to present, and any communications between either law firm and the Mississippi Attorney General’s office concerning any such contribution.” In re Diamond Foods, Inc., Securities Litig., No. 11-5386 (N.D. Cal., order entered April 23, 2013). The order follows Diamond Food’s opposition to the appointment of the Mississippi Public Employee Retirement System (MPERS) as class representative in a securities class action alleging that the food company improperly accounted for some $50 million in payments to walnut growers. When the payments, allegedly intended to artificially lower the company’s fiscal 2011 costs, were revealed, a $2.3 billion deal to acquire the Pringles brand was purportedly delayed and later fell apart,…
A federal court in New York has agreed to impose some of the preliminary injunctive relief requested by the North American Olive Oil Association in litigation alleging that Kangadis Food Inc., doing business as The Gourmet Factory, falsely labeled its product as “100% Pure Olive Oil” when it actually contained Pomace or was 100 percent refined olive oil. N. Am. Olive Oil Ass’n v. Kangadis Food Inc., No. 13-868 (N.D.N.Y., order entered April 25, 2013). The court agreed that consumers would likely be confused about Pomace, “an industrially processed oil produced from olive pits, skins, and pulp,” labeled as “100% Pure Olive Oil,” and agreed that the defendant, which had changed its product as of March 1, 2013, to remove the Pomace and sell instead 100 percent refined olive oil as “100% Pure Olive Oil,” likely had a significant amount of its old product on store shelves. Accordingly, the court…
The California State Senate Committee on Governance and Finance has reportedly passed legislation (S.B. 622) that would impose a 1-cent per fluid ounce tax on sugar-sweetened beverages such as soft drinks, energy drinks, sweet teas, and sports drinks. Sponsored by Sen. Bill Monning (D-Carmel) and passed in a 5-2 vote, the measure aims to generate funds to support the newly created Children’s Health Promotion Fund and finance programs statewide to fight childhood obesity. The bill excludes milk products, and fruit and vegetable juices would be subject to the law only if the fruit or vegetable content in the beverages dropped below 50 percent. “This is the first time this state committee has passed a bill that would place a tax on sugary drinks and the first step toward stemming the epidemic of childhood obesity,” Monning said. “By taxing these products we will be able to implement programs that will assist…
The U.K. Advertising Standards Authority (ASA) recently upheld three out of four complaints brought by the Youth Alcohol Advertising Council (YAAC) against Fireball Whiskey distributor Hi Spirits Ltd. over social media advertisements that allegedly promoted excessive drinking. In particular, the complaints focused on Fireball Whiskey’s Facebook page, which, in addition to advertisements depicting young women pouring or consuming alcohol, a young man “lying face down on a bed” and teddy bears branded with the whiskey’s logo, apparently featured (i) “a poster in style of ‘Keep Calm and Carry On’” with the tagline “TAKE A SHOT AND IGNITE THE NITE” and a caption asking users to “Like if you think this is a good plan for the weekend!”; (ii) a status update asking users to submit their “Fireball stories from the weekend” to win “Fireball freebies!”; and (iii) a status update asking students undergoing final exams to “Like this status and…
The European Food Safety Authority’s (EFSA’s) Panel on Dietetic Products, Nutrition and Allergies (NDA Panel) has initiated a public consultation on the draft scientific opinion on dietary reference values for fluoride. Citing evidence that supports fluoride’s role in the prevention of dental caries, the NDA Panel set the adequate intake (AI) for all sources, including non-dietary ones, based on “estimates of mean fluoride intakes of children via diet and drinking water with fluoride concentrations at which the caries preventative effect approached its maximum whilst the risk of dental fluorosis approached its minimum.” To this end, the panel set the AI of fluoride from all sources at 0.05 mg/kg body weight per day for both children and adults, including pregnant and lactating women. EFSA will accept comments on the proposed reference values until June 13, 2013.
The European Food Safety Authority (EFSA) has issued “a call for acrylamide occurrence data in food and beverages intended for human consumption collected outside official controls.” Part of the agency’s ongoing assessment of acrylamide levels in food and beverages, the latest request for data focuses on the following product categories: (i) french fries sold as ready to eat; (ii) potato crisps; (iii) pre-cooked french fries and potato products for homecooking; (iv) soft bread; (v) breakfast cereals; (vi) biscuits, crackers, crisp bread, and similar products; (vii) coffee and coffee substitutes; (viii) baby foods, “other than processed cereal based foods”; (ix) “processed cereal-based foods for infants and young children”; and (x) other products, including muesli and porridge, pastry and cakes, and savory snacks. EFSA has specified that “the analytical method used for the quantitative determination of acrylamide… should achieve a LOQ [level of quantification] of 30 µm/kg for bread and foods for…
Although a recent proposal to restrict the use of three neonicotinoids failed to gain support from the qualified majority of member states on an appeals committee, the European Commission (EC) has announced its intention to proceed with the plan as part of its bid to better protect honeybees. Basing its decision on a European Food Safety Authority’s (EFSA) scientific report that “identified ‘high acute risks’ for bees as regards exposure to dust in several crops such as maize, cereals and sunflower, to residue in pollen and nectar in crops like oilseed rape and sunflower and to guttation in maize,” the Commission has agreed to limit the use of clothianidin, imidacloprid, and thiametoxam “for seed treatment, soil application (granules) and foliar treatment on bee- attractive plants and cereals” for a period of two years starting December 1, 2013. Under the plan, “the remaining authorized uses are available only to professionals,” with possible…
