A New York resident has sued Campbell Soup Co. alleging that its “Less Sodium” and “Healthy Request” tomato soups are falsely advertised because they contain the same levels of salt and fat as the company’s “regular” tomato soup. Smajlaj v. Campbell Soup Co., No. 10-1332 D.N.J., filed March 12, 2010). Seeking to certify a nationwide class of soup purchasers, the plaintiff alleges that while the company’s “25% Less Sodium” tomato soup contains 480 mg of sodium per serving, so does the company’s “regular” tomato soup. She also alleges that “Healthy Request” soup, advertised as “low in fat and cholesterol,” contains 1.5 grams of fat per serving, while the “regular” tomato soup has 0 grams of fat per serving. According to the complaint, the company sells the “Less Sodium” and “Healthy Request” soups “for a substantially higher price—up to at least 50% higher,” than the “regular” soup. The plaintiff alleges violation of…
A New York resident has filed a false-advertising class action in a California federal court against the companies that make certain ice cream products labeled with the statement “0g trans fat.” Carrea v. Dreyer’s Grand Ice Cream, No. 10-1044 (N.D. Cal., filed March 11, 2010). Seeking to certify a nationwide class of ice cream purchasers, the plaintiff alleges false advertising under the Lanham Act and violations of the California Consumers Legal Remedy Act and the misleading and deceptive advertising provisions of the state Business and Professions Code. The plaintiff seeks a declaration that the defendants have committed the alleged violations, restitution, disgorgement, compensatory and punitive damages, interest, and costs. He also asks the court to order defendants to destroy all misleading and deceptive advertising materials and products. According to the complaint, the plaintiff relied on the alleged misrepresentations to conclude “that the Products were in fact healthy and relied upon…
Nearly 1,000 unnamed plaintiffs, who claim to be family members of individuals purportedly killed by terrorist organizations in Colombia’s Urabá region, have sued Chiquita Brands International, Inc., alleging that throughout the 1990s and at least until 2004, the company “funded, armed, and otherwise supported” these organizations “to produce bananas in an environment free from labor opposition and social disturbances.” Does 1 Through 976 v. Chiquita Brands Int’l, Inc., No. 10-404 (D.D.C., filed March 9, 2010). The plaintiffs allege that “[t]he deaths of Plaintiffs’ relatives were a direct, foreseeable, and intended result of Chiquita’s illegal and tortuous support of terrorist organizations.” According to the complaint, the plaintiffs bring their claims anonymously for fear of “violent reprisals, intimidation and death at the hands of the paramilitaries still operating in Colombia.” Their counsel “or his employees have interviewed each of the Doe Plaintiffs and summarized the details of each incident.” The complaint indicates…
A federal court in California has denied a request for preliminary injunction to halt the cultivation of genetically engineered (GE) sugar beets while the USDA’s Animal and Plant Health Inspection Service (APHIS) completes its court-ordered environmental impact statement (EIS) for the crop under the National Environmental Policy Act (NEPA). Ctr. for Food Safety v. Schafer, No. 08-00484 (N.D. Cal., decided March 16, 2010). Because the court already determined that APHIS improperly deregulated Monsanto’s Roundup Ready® sugar beet seed without preparing an EIS, the judge noted that the plaintiffs have established the initial element for obtaining injunctive relief, that is, a likelihood of succeeding on the merits. The judge also found that they have demonstrated the likelihood of irreparable harm, given evidence that the GE crop is capable of contaminating conventional and organic corps. Still, he refused to issue a preliminary injunction to immediately halt the sale, planting, cultivation, and harvesting…
The New York City Department of Health and Mental Hygiene has reportedly revised Health Code Article 16 to allow residents to keep Apis mellifera hives within the city limits. Previously outlawed as too dangerous or venomous for urban life, the common honeybee is currently cultivated by hundreds of clandestine city beekeepers, many of whom quietly flaunted the prohibition. “People fear that if there’s a beehive on their rooftop, they’ll be stung,” one spokesperson for the New York City Beekeepers Association told the media. “Honeybees are interested in water, pollen and nectar. The real danger is the skewed public perception of the danger of honeybees.” In light of this evidence, the health board revisited the ban, which once imposed fines of up to $2,000 per citation and reinforced fears of sting-related litigation. The new regulations require beekeepers to register their hives with the city, but do not compel them to carry…
The U.K. Food Standards Agency (FSA) Board has reportedly agreed to maintain a confidential database of food industry research into nanotechnology, as well as a public registry of food and food packaging products that contain both approved nanomaterials and materials appearing to have nanoscale elements. “The way that we respond in terms of nanotechnology is a test case for the way we, as a regulator respond, to emerging and new technologies,” FSA Chief Scientist Andrew Wadge was quoted as saying. According to media sources, FSA accepted the recommendations put forth in a House of Lords Science and Technology Committee report, which called on regulators to develop risk assessment procedures and prioritize research into the safety of nanotechnology. In making its assessment, the committee had apparently favored mandatory industry participation, claiming that a lack of transparency had previously led to public distrust of genetically modified crops. Additional details about this report…
The European Parliament’s Committee on Environment, Public Health and Food Safety (ENVI) has apparently issued a legislative report that recommends several changes to EU food labeling laws, but stops short of proposing a uniform “traffic light” system. After considering more than 800 amendments to draft legislation, ENVI approved “minor changes to existing rules on information that is compulsory on all labels, such as name, list of ingredients, ‘best before’ or ‘use by’ date, [and] specific conditions of use.” The committee agreed that all EU foodstuffs should list “key nutritional information” pertaining to energy and fat content, saturated fat, carbohydrates, sugar, salt, protein, fiber, and natural and artificial trans fats. It also favored country-of-origin labeling for “meat, poultry, dairy products, fresh fruit, vegetables, and other single-ingredient products as well as for meat, poultry and fish when used as an ingredient in processed food.” Other provisions backed by ENVI would require (i)…
The United Nations (U.N.) has reportedly balked at a proposal to ban the international trade of Eastern Atlantic and Mediterranean bluefin tuna, an endangered species prized by sushi aficionados. Gathered in Doha, Qatar, for the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), U.N. member states voted 20-68 to reject the measure, which was supported by environmentalists but opposed by the Japanese and Canadian governments. The latter had apparently argued that regulation of the bluefin trade should fall under the jurisdiction of the International Commission for the Conservation of Atlantic Tunas (Iccat). In addition, the European nations with bluefin fishing fleets for the most part abstained from voting. Meanwhile, the United Nations and other environmental regulators have expressed disappointment with the result and questioned Iccat’s ability to effectively manage the vulnerable fisheries. EU Environment Commissioner Janez Potocnik and Commissioner for Maritime Affairs and Fisheries Maria Damanaki…
The U.S. Department of Agriculture (USDA) has announced an April 26-29, 2010, meeting of the National Organic Standards Board (NOSB), which makes recommendations about whether a substances should be allowed or prohibited in organic production or handling; assists in the development of organic production standards; and advises USDA on implementation of the Organic Foods Production Act. The meeting will provide an opportunity for the board to receive updates from USDA’s National Organic Program and to hear progress reports from six NOSB committees on Compliance, Accreditation and Certification; Crops; Handling; Livestock; Materials; and Policy Development. NOSB will also continue its assessment of substances on the National List of Allowed and Prohibited Substances, which identifies synthetic substances that may be used, and the nonsynthetic substances that cannot be used, in organic production and handling operations. In particular, NOSB will review (i) “the continued exemption (use) of 37 agricultural products not commercially available…
The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has issued temporary labeling guidance for products that contain hydrolyzed vegetable protein (HVP) recently recalled for Salmonella contamination. As companies reformulate their products due to the recall, existing labels are likely to be out of compliance and may require temporary approval for continued use. To obtain temporary approval, companies are asked to follow the instructions highlighted on the FSIS website and submit a request to the FSIS Labeling and Program Delivery Division, which will expedite the requests marked clearly with a justification such as “HVP temporary label submission.” FSIS will grant temporary approval for any product if the HVP is removed and any replacement ingredients do not represent an allergen concern. “In situations where negative claims or nutrient content claims appear on labeling, it is critical to stipulate that all claims will continue to be met, or provide information…
