According to media sources, German officials have apparently launched an investigation into more than 160 farms accused of flouting the standards governing organic and free-range egg production. Lower Saxony and two other states have apparently announced an ongoing probe into poultry establishments, including 40 organic farms, that allegedly marketed their eggs as organic or free-range while keeping their hens in overcrowded conditions. Those operators found in beach of EU regulations face both fines and up to six months in prison. “If the accusations are found to be true, then we are talking of fraud on a grand scale: fraud against consumers but also fraud against the many organic farmers in Germany who work honestly,” said German Food, Agriculture and Consumer Protection Minister Isle Aigner. “Consumers must be able to rely on the fact that what is written (on the produce) is also in there. Therefore it is important that this…
IKEA Group has reportedly withdrawn its trademark meatballs and sausages from its European locations after testing revealed trace amounts of horsemeat in the products. According to a February 28, 2013, press release, the company identified horsemeat “in a few samples of our meatballs from a supplier in Sweden” and has thus suspended sales of “all products containing minced meat from pork and beef from that supplier.” IKEA Group has since reiterated, however, that the recall does not implicate products sold at its U.S. stores. “All meatballs sold in our IKEA US stores are sourced from a U.S. supplier,” the company stated in a February 26 press release. “Based on the results of our mapping, we can confirm that the contents of the meatballs follow the IKEA recipe and contain only beef and pork from animals raised in the U.S. and Canada.” Meanwhile, the U.K. Food Standards Agency (FSA) has released…
According to a recent study conducted by the nonprofit ocean conservation group Oceana, as much as one-third of seafood sold in restaurants and grocery store is mislabeled. From 2010 to 2012, Oceana evidently collected more than 1,200 seafood samples from 674 retail outlets in 21 states to determine if they were correctly labeled. After conducting DNA tests, researchers allegedly found that one-third (33 percent) of the 1,215 samples analyzed nationwide were mislabeled under U.S. Food and Drug Administration (FDA) guidelines. Oceana reports that, of the most commonly collected fish types, samples sold as snapper and tuna had the highest mislabeling rates (87 and 59 percent, respectively), with the majority of the samples identified by DNA analysis as something other than what was found on the label. Halibut, grouper, cod, and Chilean seabass were mislabeled between 19 and 38 percent of the time, while lower levels of mislabeling were noted among salmon (7…
Yale University’s Rudd Center for Food Policy and Obesity and the Berkeley Media Studies Group have published a report criticizing top cereal manufacturers for allegedly targeting children with “sophisticated online marketing techniques.” Andrew Cheyne, et al., “Marketing Sugary Cereals to Children in the Digital Age: A Content Analysis of 17 Child-Targeted Websites,” Journal of Health Communication, February 2013. Focusing on 17 branded cereal websites between October 2008 and March 2009, the study’s authors reported that these sites employed a mix of techniques such as “advergames, videos, site registration, and viral marketing” to engage children in “lengthier and more sophisticated” interactions “than are possible with traditional, passive media such as television advertisements or product packaging.” In particular, the study relied on Internet traffic data to allegedly suggest that children spent more time on sites with higher levels of immersion, that is, “the most and most sophisticated techniques.” These high-immersion sites reportedly brought…
The D.C. Circuit Court of Appeals has dismissed a challenge to U.S. Department of Agriculture (USDA) rules requiring California almonds sold domestically to be treated with heat or chemicals to prevent the spread of Salmonella. Koretoff v. Vilsack, No. 12-5075 (D.C. Cir., decided February 22, 2013). According to the court, the almond producers who mounted the challenge had waived their claims “by failing to raise them during the rulemaking process.” They had contended that the USDA secretary exceeded his authority in requiring the treatment of all almonds “irrespective of whether they are contaminated” and that the secretary failed to determine that the treatment rule was “the only practical means of advancing the interests of the producers.” Finding no error in the lower court’s disposition, the court affirmed its grant of summary judgment for the secretary.
Putative class actions have been filed against the Anheuser-Busch Cos. (AB) in federal courts in California, New Jersey and Pennsylvania, alleging that “consumers receive watered down beer containing less alcohol than is stated on the labels of AB’s products.” Giampaoli v. Anheuser-Busch Cos., LLC, No. 13-0828 (N.D. Cal., filed February 22, 2013); Wilson v. Anheuser-Busch Cos., LLC, No. 13-1122 (D.N.J., filed February 25, 2013); Greenberg v. Anheuser-Busch Cos., LLC, No. 13-1016 (E.D. Pa., filed February 25, 2013). Claiming that the company uses a technology enabling it to create precise alcohol levels in its beer products, each plaintiff seeks to certify a nationwide class of consumers who have purchased AB products such as Budweiser®, Bud Ice®, Bud Light Premium®, Michelob®, Michelob Ultra®, Hurricane High Gravity Lager®, King Cobra®, Busch Ice®, Natural Ice®, Black Crown®, and Bud Light Lime®. Alleging violations of consumer fraud laws and breach of state and federal warranty laws, the plaintiffs…
The Dearborn, Michigan-based attorney who was ordered to remove statements from his Facebook® page opposing a proposed class-action settlement in a case raising allegations that a McDonald’s Corp. franchisee purported to sell halal chicken when some of the products were not prepared according to Islamic law has filed a motion to vacate the order and to extend the period for filing objections or opting-out. Ahmed v. McDonald’s Corp., No. 11-014559 (Mich. Cir. Ct., Wayne Cty., motion filed February 22, 2013). Represented by advocacy group Public Citizen, Majed Moughni claims that the court’s order “was a prior restraint forbidden by the First Amendment.” Additional information about the proposed settlement and Moughni’s criticism of it appear in issues 468 and 471 of this Update. According to the brief accompanying the motion, Moughni, his wife and children have eaten at McDonald’s and are thus members of the class. The brief further contends, “Giving Moughni only…
A U.S. attorney in Illinois has announced charges filed against two companies and five individuals in a five-year investigation of imports that allegedly circumvented $180 million in anti-dumping duties on honey from China and involved purportedly “adulterated” honey containing the antibiotics chloramphenicol and tetracycline. Groeb Farms, Inc., described as the largest industrial honey supplier in the United States, knowingly avoided more than $78.8 million in antidumping duties by buying mislabeled honey imported from China and has agreed to pay a $2 million fine and “to dispose of any illegally-entered Chinese-origin honey in its possession.” It will also institute a corporate compliance program to ensure supply chain integrity and conduct “reasonable inquiries to safeguard against any illegal activity.” Jun Yang, Urbain Tran and Hung Yi Lin were all charged with brokering or transporting illegal Chinese-origin honey in the United States. Yang will plead guilty and has agreed to a fine of $250,000…
A California federal court has dismissed with prejudice claims filed against a yogurt maker and its parent company alleging that its Greek style yogurt product was misbranded under federal food regulations. Smith v. Cabot Creamery Coop., Inc., No. 12-4591 (N.D. Cal., decided February 25, 2013). The putative class plaintiffs alleged that the defendants used whey protein concentrate (WPC) and milk protein concentrate (MPC) as “filler material” to “thicken Cabot Greek and increase its protein content, instead of making Greek yogurt the ‘authentic’ way which involves filtering the liquid whey byproduct during the manufacturing process and keeping only the protein-rich solid portion.” They also alleged that the Food and Drug Administration (FDA) forbids the use of WPC and MPC. The defendants moved to dismiss the claims because they were premised on the alleged unlawful use of these ingredients, arguing that FDA allows WPC and MPC to be used lawfully “as optional ingredients…
A federal court in California has denied in part and granted in part the defendants’ motion to dismiss putative class claims that many of their food products are sold with labels that are unlawful and/or mislead consumers. Ivie v. Kraft Foods Global, Inc., No. 12-2554 (N.D. Cal., order entered February 25, 2013). Among the products are chewing gum, crackers, granola, fruit punch, cheese, nut mix, lemonade, stuffing mix, Jell-O®, and Easy Mac®. The labels at issue include the following statements: “natural,” “all natural,” “no artificial” colors/sweeteners/flavors/preservatives/ingredients, nutrient content, health claims, “sugar free,” “sugarless,” certain serving sizes, and “evaporated cane juice.” The allegations are also apparently based on products the named plaintiff did not purchase. The court determined that (i) the plaintiff sufficiently alleged an injury in fact by claiming she would not have purchased the products but for the alleged unlawful or misleading labels; (ii) the plaintiff cannot bring claims relating…
