The Beer Institute has alleged that aluminum companies have been charging tariff prices to beverage companies that can their products despite the tariff only applying to a portion of the aluminum in their cans. The tariff is imposed on imported aluminum scrap, which accounts for about 30 percent of the aluminum used to create beverage cans—the other 70 percent is composed of aluminum scrap collected domestically—but aluminum companies have been charging as if all of their aluminum is subject to the tariffs, Beer Institute argues. The organization worked with Harbor Aluminum, "an independent authority on the aluminum industry and its markets," which purportedly found that "while the U.S. beverage industry paid an equivalent to $250 million in Section 232 tariffs for aluminum cansheet during March to December 2018, the U.S. government collected only around $50 million of that amount," according to a Beer Institute press release. "Harbor Aluminum estimates U.S.…
The U.S. Department of Agriculture has announced an April 9, 2019, public meeting to receive comments on the United States' positions for the Codex Committee on Food Labelling meeting to be held in Canada in May 2019. Among the announced topics are (i) "Proposed draft Guidance for the Labelling of Non-Retail Containers"; (ii) "Proposed draft Guidelines of Front-of-Pack Nutrition Labelling"; (iii) "Innovation—use of technology in food labelling"; (iv) "Labelling of alcoholic beverages"; and (v) "Criteria for the definition of 'high in' nutritional descriptors for fats, sugars, and sodium."
French fraud investigators have reportedly accused seven kiwi suppliers of stamping kiwis imported from Italy as "French origin." French authorities apparently noticed an influx of French kiwis on the market during the off-season for the fruit, leading them to investigate where the kiwis were sourced. According to The Guardian, investigators found that 12 percent of kiwis labeled as French were imported from Italy, where they can be grown with lower production costs and treated with products banned in France that can result in a higher yield. If convicted, the suppliers may receive prison sentences and €300,000 fines.
Tapatio Foods has filed a trademark infringement lawsuit alleging that Tiowaxy Hot Sauce is sold with a similarly designed label, confusing consumers and causing brand tarnishment to Tapatio's hot sauce. Tapatio Foods v. Alfarh, No. 19-0335 (E.D. Cal., filed March 11, 2019). Tapatio alleges that Tiowaxy's label infringes because it also features a man in a sombrero with the brand name above the image. Further, Tiowaxy contains THC—which is derived from cannabis—and Tapatio alleges that "the association of the Infringing Marks with marijuana," "a Schedule 1 controlled substance," has tarnished Tapatio's reputation. Tapatio seeks an injunction, corrective advertising, disgorgement and damages for alleged Lanham Act and California consumer-protection statute violations.
The U.S. Court of Appeals for the Second Circuit has affirmed a lower court's dismissal of a lawsuit alleging that the name "Diet Pepsi" misleads consumers into believing that the product will assist with weight loss. Manuel v. Pepsi-Cola Co., No. 18-1748 (2nd Cir., entered March 15, 2019). "The studies cited by the complaint establish, at most, that people who drink beverages containing non‐nutritive sweeteners continue to gain weight," the appeals court found. "None of the studies purports to establish a causal relationship between non‐nutritive sweeteners and weight gain to a degree that is sufficiently strong. Therefore, Plaintiffs cannot raise a plausible inference that the use of the word 'diet' is false, inaccurate, or misleading. Accordingly, the district court properly dismissed the complaint."
Whole Foods Market Inc. and Health-Ade LLC have agreed to pay $4 million to settle allegations that Health-Ade labels its kombucha as non-alcoholic despite containing "more alcohol than permitted for non-alcoholic beverages." Bayol v. Health-Ade LLC, No. 18-1462 (N.D. Cal., filed March 15, 2019). Under the agreement, class members can receive $4 for each bottle of kombucha purchased, with a limit of 20 claims with proof of purchase and 10 without. Health-Ade also agreed to change its formula to better control the variability of alcohol and sugar content and update its labels to notify purchasers that "[d]ue to natural fermentation, there may be trace amounts of alcohol and small pieces of culture."
Researchers in Circulation reported finding a correlation between a higher risk of total mortality in American adults and regular consumption of SSBs. Malik et al., "Long-Term Consumption of Sugar-Sweetened and Artificially Sweetened Beverages and Risk of Mortality in US Adults," Circulation, March 18, 2019. "Consumption of SSBs was positively associated with mortality primarily through [cardiovascular disease] mortality and showed a graded association with dose," the researchers concluded.
Swiss researchers have reportedly found that cheese exposed to hip-hop music during production had enhanced flavors compared to cheese exposed to opera, rock, techno or ambient music. The researchers apparently used mini-transmitters to "conduct the energy of the music" into nine 22-pound wheels of Emmental cheese. The wheels were separated and exposed to music by hip-hop collective A Tribe Called Quest, rock group Led Zeppelin, Mozart's "Magic Flute," techno artist Vril and "dark ambient" artist Yello along with soundwaves at high, medium and low frequencies. The hip-hop sample "was the strongest of these in terms of smell and taste," the researchers reported. The taste tests were reportedly conducted twice and yielded approximately the same results. "The differences were very clear, in term of texture, taste, the appearance, there was really something very different,” one taste-test judge told Reuters.
Three restaurant owners, along with the California Restaurant Association (CRA) and Dart Cardboard Corp. of California, have reportedly filed a lawsuit challenging San Diego's ban on polystyrene food containers, alleging that the city failed to conduct an environmental review before instituting the ban. "The CRA has filed a legal challenge to hold city government accountable for following a legally-required process. The lack of an environmental study in San Diego prior to the city considering a ban on polystyrene food packaging is alarming," CRA stated in a tweet. "The City ignored a critical step in evaluating the environmental impact that replacement products will have at local landfills, along beaches and to air and water quality. We have all the confidence in the legal process and that the court will validate our complaint." Meanwhile, Maryland may reportedly become the first state to ban polystyrene food containers. The Maryland legislature has sent a…
The U.S. Food and Drug Administration has announced an April 25, 2019, public webinar about "genome editing in animals, an innovative and rapidly evolving technology that offers significant public health benefits." The webinar will focus on "current scientific evidence, promising uses of this technology in animals, and the potential risks." FDA intends the webinar to help "those using genome editing to develop animals with genomic alterations," but registration is open to the public.
