An Illinois consumer has filed a putative class action against two food companies in federal court, alleging that they fail to disclose that their high-fiber snacks contain a non-natural fiber derived from chicory root which is purportedly not as effective as natural fiber and can cause harm to some individuals. Turek v. General Mills, Inc., No. 09-7038 (N.D. Ill, filed November 9, 2009). The complaint specifically targets General Mills’ Fiber One Chewy Bars® and Fiber One NonFat Yogurt®, as well as the Fiber Plus Antioxidants Chewy Bars® made by Kellogg Co. The named plaintiff seeks to certify a class of Illinois residents who purchased these products and alleges violations of the Illinois Consumer Fraud and Deceptive Practices Act. She seeks an order (i) requiring the disclosure of all information in the companies’ possession about the “purported health benefits or non-benefits” of the companies’ products and ingredients, (ii) barring the companies…
A Jewish California resident who follows kosher practices has filed a putative class action on behalf of Hari Krishnas, Hindus, Jains, Buddhists, Taoists, Sikhs, Muslims and Jews against Panda Express, Inc., claiming that the restaurant chain fails to disclose that its vegetable menu items are actually made with significant amounts of chicken stock. Adelpour v. Panda Express, Inc., No. BC425869 (Cal. Super. Ct., Los Angeles Cty., filed November 12, 2009). The plaintiff alleges that the company does not state in its restaurants, promotional materials or online that its vegetable dishes, such as “Mixed Veggies,” “Eggplant Tofu,” “Chow Mein,” and “Fried Rice,” are prepared with chicken stock and that she was led to believe that these dishes were vegetarian. She also alleges that she was “explicitly informed” by company servers or shift supervisors that such menu items were vegetarian. The named plaintiff seeks to certify a class of “All California residents…
A multidistrict litigation (MDL) court in western Missouri has issued orders disposing of a number of motions in the dozens of cases transferred to it in litigation involving claims of fraud against companies that make baby bottles and sippy cups, reusable drink containers, and baby formula sold in metal cans lined with a substance containing bisphenol A (BPA). In re: Bisphenol-A (BPA) Polycarbonate Plastic Prods. Liab. Litig., MDL No. 1967 (W.D. Mo., orders entered November 9, 2009). The court has dismissed breach of express warranty claims and claims that depend on misrepresentations (as opposed to omissions) for insufficient pleading under Ashcroft v. Iqbal; and breach of implied warranty of fitness for a particular purpose. Remaining are claims for fraudulent omissions, violation of state consumer protection statutes, breach of implied warranty of merchantability, and unjust enrichment. The court denied defendants’ motion to dismiss on the ground of primary jurisdiction, which applies when a…
Nearly 20 organizations reportedly testified last week about the purported link between sugar-sweetened beverages and obesity at a special joint hearing of California’s Senate Select Committee on Obesity and Diabetes and the Senate Health Committee. Several researchers reportedly linked sugar-sweetened beverage consumption and obesity, but an American Beverage Association representative cited research showing that 5.5 percent of calories come from sweetened beverages and that a lack of exercise and other foods also contribute to obesity. She said that solely targeting soft drinks will fail to properly address the obesity issue, claiming research has shown that half of adults who don’t consume soft drinks are also overweight. Senator Elaine Alquist (D-San Jose) reportedly chided industry representatives: “To be told that all calories are equal, that sweetened soda pop is not contributing to obesity . . . the public is not stupid. We know you can do better.” See The Los Angeles Times;…
Health Canada has advised consumers not to purchase Chaotic Beverages sold under the brand names Mind Strike, Fearocity, Elixir of Tenacity, and Power Pulse “because they are unauthorized products marketed to a vulnerable population (children) with ingredients that may pose a health risk.” According to an agency press release, “The drinks are tied to a trading card game, animated TV series and website,” but contain unknown amounts of caffeine, “several herbs . . . not included in Health Canada’s list of botanicals with a history of safe use in children,” and unacceptably high levels of taurine, niacin and vitamin A. Power Pulse also allegedly contains “chromium picolinate at levels of possible concern in a product taken by children.” Meanwhile, manufacturer and importer U&ME Marketing has reportedly agreed to reformulate its products by removing all the herbs, taurine and niacin. “At the time of the recall, we had been approved by…
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has announced a series of stakeholder meetings intended to address the “views, concerns, and issues surrounding the hazards of combustible dust,” which may be formed in workplaces that include agricultural and grain-handling industries, and factories that manufacture food, animal food, pesticides, and pharmaceuticals. With the first meeting slated for December 14, 2009, and additional meetings planned for early 2010, OSHA is soliciting feedback on (i) possible regulatory approaches to handling the hazards of combustible dust; (ii) the scope of any rulemaking; (iii) the organization of a prospective standard; (iv) the role of consensus standards; and (v) consequent economic impacts. The agency recently published an advance notice of proposed rulemaking that requested comments, including data and other information, on issues related to the hazards of combustible dust in the workplace. According to OSHA, “Materials that may form combustible dust include,…
People for the Ethical Treatment of Animals (PETA) has filed a new complaint with the Federal Trade Commission (FTC) claiming that the California Milk Advisory Board “is deliberately misleading consumers by advertising in its sales-promotion campaigns that cows on California dairy farms live in ‘comfort,’ are ‘very well cared for,’ and are ‘happy.’” According to the animal rights organization, “these statements do not stand up to even passing scrutiny.” An organization spokesperson alleges that, “conditions commonly found on California’s factory dairy farms have been scientifically proven to cause cows extreme physical pain and mental distress.” According to a news source, PETA filed a similar complaint with the FTC in 2002, but it was not resolved. PETA apparently claims that its new complaint is necessary because conditions have worsened on California dairy farms. The organization has also reportedly filed litigation over the issue, but the lawsuit was dismissed when the courts…
The chair of the U.S. House of Representatives’ Education and Labor Committee has reportedly asked the Government Accountability Office (GAO) to investigate the risk of E.coli contamination in school lunches. In a letter to GAO, U.S. Representative George Miller (D-Calif.) wrote that he remains “concerned about the safety of our nation’s food supply and whether there is an undue risk for food contaminated with dangerous pathogens to be unknowingly purchased by schools for use in the school meals program.” While the U.S. Department of Agriculture (USDA) currently requires E. coli testing for all ground beef acquired by schools through the commodity program, there are no minimum testing standards for ground beef that schools purchase off the commercial market. Miller has thus asked GAO to determine whether adequate protections are in place for school meals at the local, state and federal levels, and whether the safety and quality of ground beef…
U.S. Senators Bill Nelson (D-Fla.) and Mary Landrieu (D-La.) have introduced legislation seeking to block a Food and Drug Administration (FDA) proposal that would prohibit the distribution of raw oysters from the Gulf of Mexico during warm-weather months. “Specifically, the legislation, which was co-sponsored by Senator David Vitter (R-La.), would prevent [FDA] from using funds to implement a ban on sales of oysters that don’t undergo a sterilization process,” according to a November, 5, 2009, press release issued by Landrieu. Slated to take effect in 2011, the FDA plan would apparently require processing for Gulf oysters harvested between April and October. The agency has pointed to the risk that raw oysters can cause fatal Vibrio vulnificus infections in people with compromised immune systems, resulting in approximately 15 deaths per year. California has already enacted similar measures that bar the sale of untreated raw Gulf oysters in the state, which has…
U.S. Senator Debbie Stabenow (D-Mich.) has reportedly introduced the Growing Safe Food Act (S. 2758) to “help educate and train farmers and food processors in food safety.” Similar to the FDA Food Safety Modernization Act (S. 510) now stalled in the U.S. House of Representatives, the Growing Safety Food Act would create “a national food safety training, education, extension, outreach and technical assistance program for agricultural producers,” including small and mid-sized farms, food processors and wholesalers. The bill also requests $50 million to administer a competitive grant program, which would assist small and mid-sized businesses in “the areas of handling practices, manufacturing, produce safety standards, risk analysis, sanitation standards, safe packaging, storage, traceability, record-keeping, and food safety audits,” according to a November 10, 2009, press released issued by Stabenow, who penned the legislation after small farmers expressed concern that the Food Safety Modernization Act would impose prohibitive inspection fees and…
