A Maryland dairy has filed a First Amendment lawsuit challenging a U.S. Food and Drug Administration (FDA) regulation requiring skim milk without vitamins A and D added to be labeled “imitation." S. Mountain Creamery, LLC v. FDA, No. 18-0738 (M.D. Pa., filed April 4, 2018). According to the complaint, South Mountain Creamery cannot selling its “all-natural, additive-free, pasteurized skim milk” in Pennsylvania because of FDA regulations mandating that skim milk sold in interstate commerce must contain the added vitamins. The creamery asserts that the fat-soluble vitamins dissipate before skim milk reaches the consumer, and FDA’s “own official materials discuss this issue.” According to the complaint, “The effect of the relevant regulations and laws is that any product consisting entirely of skim milk can never be labeled as ‘skim milk’ . . . [it] must be labeled as ‘imitation.’” The dairy alleges that the FDA definition misleads and confuses the public and that…
Represented by the same attorneys, consumers have filed lawsuits alleging that two beverage companies misrepresent the amount of fruit in their fruit-flavored beverages. Campbell Soup Co. "sells artificially-flavored sugar-water labeled as if it were fruit juice," the plaintiff in one lawsuit alleges. Sims v. Campbell Soup Co., No. 18-0668 (C.D. Cal., filed April 2, 2018). The complaint asserts that V8 labels "convey to California consumers that they are purchasing a healthful, natural juice product made solely from fresh fruits and vegetables," but the beverages "consist of 95% water and high fructose corn syrup, topped up with 3% reconstituted carrot juice and 2% or less of the juice of all the fruits and berries for which the Products are named." For example, the plaintiff argues, "Berry Blend" contains "less than 1/2 of 1%" of juice from each of the "luscious ripe berries displayed on the label." The plaintiff also alleges that…
A New York federal court has dismissed most of the claims in a cold-pressed juice putative class action but will allow to proceed allegations related to heat-processing of citrus juices. Davis v. Hain Celestial Grp., Inc., No. 17-5191 (E.D.N.Y., entered April 3, 2018). The court dismissed the complaint’s allegations involving high-pressure processing, finding that “the label taken as a whole makes clear that the juice was subjected to pressure for food safety purposes.” Even if consumers “are not generally aware of non-thermal processing methods, the Cold-Pressed Line labels clearly indicate that such methods exist,” the court held. “'Cold pressed' does not cease to be a truthful moniker for the juice simply because there were subsequent steps in the juice’s production process.” The court declined to dismiss the plaintiff’s allegations that all citrus juices—including lemon juice, which appears in all of the contested products—must be heat-processed. If true, the court found, the…
A federal court in Illinois has denied summary judgment to both parties involved in a trademark dispute over the use of “pizza puffs,” finding that a reasonable jury could rule for either on the question of whether the term is generic. Illinois Tamale Co. v. El-Greg, Inc., No. 16-5387 (N.D. Ill., entered March 29, 2018). Illinois Tamale Co. alleges that El-Greg Inc.’s products infringe trademark and trade dress rights held since 1976. The court also refused Illinois Tamale’s motion for summary judgment on El-Greg’s fair-use defense, finding that a reasonable jury could find in favor of either party on each element of the defense.
The maker of Bertolli olive oil has agreed to pay $7 million to settle a class action alleging the company misrepresented the origin and quality of its products. Koller v. Med Foods, Inc., No. 14-2400 (N.D. Cal., motion filed April 3, 2018). Deoleo USA previously removed the contested phrase “Imported from Italy” from the challenged products and has agreed to avoid using similar phrases, including “Made in Italy,” unless the oil is made entirely from olives grown and pressed in Italy. In addition to paying the plaintiff class $7 million, the company will bottle its extra virgin olive oil in dark green bottles to prevent light degradation, shorten the “best by” period and disclose of the date of harvest.
China has reportedly imposed tariffs on imports of U.S.-made agricultural products, including pork, soybeans, wheat, beef, orange juice, whiskey and corn, following the United States' imposition of tariffs on Chinese steel and other products. Several agriculture advocacy groups have expressed serious concerns about the projected effects of the tariffs. Max Baucus, former U.S. senator for Montana and chair of Farmers for Free Trade, reportedly told the New York Times, “American farmers appear to be the first casualties of an escalating trade war . . . [w]ith farm incomes already declining, farmers rely on export markets to stay above water.” "We regret that the administration has been unable to counter China’s policies on intellectual property and information technology in a way that does not require the use of tariffs," an April 4, 2018, press release from the American Soybean Association stated. "We still have not heard a response from the administration to our March…
The U.S. Department of Agriculture (USDA) has announced the renewal of 17 substances for the National List of Allowed and Prohibited Substances, which determines which synthetic substances can be used in organic farming. Included on the list is carrageenan; USDA found that “potential substitutes do not adequately replicate the functions of carrageenan across the broad scope of use.” The National Organic Standards Board previously recommended that carrageenan be removed from the National List, determining that materials such as guar gum and xanthan gum were available for use as alternative thickening and emulsifying agents.
The U.S. Department of Agriculture (USDA) has released Animal Disease Traceability: Summary of Program Reviews and Proposed Directions from State-Federal Working Group, an overview report of the Animal Disease Traceability Program (ADT) that includes a summary of stakeholder feedback and preliminary recommendations to improve the program. According to the report, an internal review of ADT by USDA's Animal and Plant Health Inspection Service (APHIS) in 2015 concluded that the program was well-managed, had clearly defined goals and objectives, and had achieved “incremental improvements” in tracing capability. In 2017, APHIS established a State-Federal Working Group pursuant to the Federal Advisory Committee Act to help review ADT regulations, seek public comment on the program and offer proposals for improvements. The conclusions of the working group are published in the April report. Several of the recommendations are related to electronic ID (EID) of cattle, including pursuing the standardization of technology and ear tagging,…
The U.S. Food and Drug Administration (FDA) has announced a public advisory committee meeting of the Science Board, which advises the agency on complex scientific and technical issues and emerging issues within the scientific community. Written submissions on issues pending before the committee will be accepted until April 18, 2018, for the April 23 meeting.
In a speech at the National Food Policy Conference in Washington, D.C., U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb reportedly summarized the agency’s plans, including (i) defining “healthy” for use with a food-labeling icon, (ii) implementing delayed updates to nutrition labels, and (iii) creating a strategy for reduction in salt consumption. Gottlieb reportedly said FDA will explore possible changes to nutrient-content claims. “People eat foods, not nutrients,” he is quoted as saying. “This is why we’re asking the important question of whether a modernized definition of ‘healthy’ should go beyond nutrients to better reflect dietary patterns and food groups, like whole grains, lowfat dairy, fruits and vegetables and healthy oils.” FDA will also propose short-term, voluntary targets for salt and sodium reduction from the current average daily intake of 3,400 milligrams to no more than 3,000 milligrams. “There remains no single more effective public health action related to…
