The U.S. Departments of Agriculture (USDA) and Health and Human Services (HHS) have requested public comment on topics and questions to be included in the review of scientific evidence supporting the development of the 2020-2025 Dietary Guidelines for Americans. Comments will be accepted through March 30, 2018.
The U.K. Advertising Standards Authority (ASA) has upheld two challenges to television ads, one for Aldi Stores Ltd. and one for The Wrigley Co.'s Extra chewing gum, ruling that neither can be aired again. In the Aldi ad, "Kevin the Carrot,” an advertising mascot, was used to advertise alcohol beverages in a parody of “The Sixth Sense.” The ad began with Kevin saying, “I see dead parsnips,” and featured a voice-over explaining, “Kevin was feeling a little bit tense. He thought there were spirits. He had a sixth sense. As it turned out, his instincts were right. There were a few spirits that cold Christmas night.” Throughout the ad, various alcohol beverages appear. The ad was challenged on the grounds that the ad was likely to appeal to minors because the main character was a child's toy. Aldi argued that the ad was part of its 2017 holiday parody series…
The Trademark Trial and Appeal Board (TTAB) has ruled that Pan American Properties Corp. cannot register “White Sangriiia” as a trademark because both terms, as well as their combination, are “merely descriptive.” In re Pan American Props., Corp., No. 86556214 (T.T.A.B., entered February 26, 2018). TTAB also rejected the company’s argument that the term was “fanciful or suggestive.” Although Pan American Properties referred to its previous registration of the “fanciful” term “Gasolina Sangriiia” for prepared cocktails in its appeal, TTAB noted that neither the company nor the examining attorney included the registration in the application record before the appeal was filed, and TTAB refused to take judicial notice of “registrations residing in the Office.” Finally, TTAB found insufficient evidence to prove the term “sangriiia” had acquired distinctiveness; even if Pan American Properties had provided enough evidence to prove five years of sales, the board held, that period is not long enough…
The U.S. Equal Employment Opportunity Commission (EEOC) has filed a lawsuit alleging Chicago Meat Authority Inc. discriminated against African-Americans, resulting in multiple violations of U.S. civil rights statutes. U.S. Equal Opportunity Emp’t Comm’n v. Chicago Meat Authority, Inc., No. 18-1357 (N.D. Ill., filed February 22, 2018). EEOC alleges that the processor (i) failed to recruit or hire African-Americans because of their race; (ii) engaged in hiring practices that caused a disparate impact on the basis of race; (iii) fired an employee based on his race and in retaliation for engaging in a protected activity; (iv) subjected African-Americans to a hostile work environment that included frequent racial epithets and slurs as well as other offensive comments based on race; and (v) failed to take action to remedy the alleged harassment. EEOC seeks injunctive relief, an order that the defendant provide equal employment opportunities regardless of race and protected activity, back pay, front…
Kosher Supervision Services Inc. (Kof-K) has filed a complaint alleging Original Gourmet Food Co. used the “Kof-K” kosher certification mark on its product without authorization, alleging the snack maker’s action was “intentional and willful use of a counterfeit of the Kof-K mark.” Kosher Supervision Servs. v. Original Gourmet Food Co., No. 18-2487 (D.N.J., filed February 22, 2018). Kof-K asserts that it never contracted with Original Gourmet, approved or certified any of its products as kosher, or granted permission for its use of the certification mark. Alleging trademark infringement, false designation of origin, dilution of famous mark, unfair competition, Kof-K seeks injunctive relief, damages and a finding that the case is “exceptional” to permit an award of attorney’s fees.
A federal court in Washington will allow plaintiffs to amend a false advertising complaint alleging that their dogs became sick after eating pet food contaminated with pentobarbital, a drug used to euthanize animals. Mael v. Evanger’s Dog & Cat Food Co. Inc., No. 17-5469 (W.D. Wash., entered February 20, 2018). The complaint alleged that the plaintiffs’ dogs became ill after eating Evanger’s beef products and that a U.S. Food and Drug Administration (FDA) investigation found traces of pentobarbital in several of the company’s products. The plaintiffs allege that Evanger's falsely advertised the products as “human grade, USDA inspected meats,” although FDA reportedly found that none of the company’s products were USDA-inspected or human grade. After the FDA investigation, Evanger's recalled all of the products. Evanger's moved to dismiss the complaint, arguing that plaintiffs referred to both recalled and non-recalled products. The court found that the plaintiff had failed to allege…
MJS America LLC, maker of “Majans Bhuja Snacks,” faces a putative class action alleging that the primary ingredients of its “Ancient Grains Twists” are rice, peas, tapioca and sunflower or canola oil rather than ancient grains. Louis v. MJS America LLC, No. 18-1046 (E.D.N.Y., filed February 18, 2018). The plaintiff asserts that she paid a premium price for the product because she understood “Ancient Grains Twists” to mean that the snack was made exclusively from ancient grains, but the product allegedly contains only “non-substantive” amounts of chia and quinoa seeds, which the complaint describes as “pseudocereals among ancient grains.” Claiming false advertising, breach of express and implied warranties of merchantability, fraud and unjust enrichment, the plaintiff seeks class certification, injunctive relief, damages and attorney’s fees.
Two consumers have filed a lawsuit alleging that they contracted Salmonella from deli chicken salad they purchased at Fareway Stores Inc. Porter v. Fareway Stores Inc., No. 18-0050 (S.D. Iowa, filed February 20, 2018). The plaintiffs, a married couple, allege that the contaminated chicken salad sent them to an emergency room—with the wife requiring further hospitalization—and that they both tested positive for Salmonella. The complaint also states that Fareway chicken salad has been linked to “at least 28 confirmed and 66 probable cases of Salmonella” in Iowa by the state’s Department of Health, with reports of possible related illnesses in Nebraska and Minnesota. The U.S. Department of Agriculture’s Food Safety and Inspection Service issued a public health alert about the Iowa outbreak in February 2018. Alleging strict product liability, negligence and breach of warranty, the plaintiffs seek damages and attorney’s fees.
Researchers in France and Brazil have concluded that a 10 percent increase in the consumption of ultra-processed foods is associated with a "significant increase of greater than 10% in risks of overall and breast cancer." Thibault Fiolet, et al., "Consumption of ultra-processed food and cancer risks: results from NutriNet-Santé prospective cohort," BMJ, February 14, 2018. The study, which involved surveying records of more than 100,000 participants, asserts that ultra-processed fats and sauces along with sugary products and drinks were associated with an increased risk of overall cancer, while ultra-processed sugary products were also associated with a higher risk of breast cancer. The researchers hypothesized that the findings were caused by the "generally poorer nutritional quality of diets rich in ultra-processed foods," the wide range of additives used, and heat-related processing and preparation that produce neoformed contaminants such as acrylamide.
An EU magistrate has returned a preliminary ruling in a dispute between the Scotch Whisky Association and a German manufacturer of a spirit called “Glen Buchenbach” that may hinder the trade group's claim of infringement of the registered geographical term “Scotch Whisky.” Scotch Whisky Ass’n, The Registered Office v. Klotz, No. C-44/17 (opinion of advocate general issued February 22, 2018). The trade group argues that the use of the Gaelic term “Glen” is both an indirect commercial use and an evocation of the registered geographical indication, amounting to a false and misleading indication of origin of the product. Noting that at least three whiskies produced outside of Scotland include "glen" as part of their names, the magistrate found that "‘Glen’ does not have a sufficiently clear and direct link with the protected geographical indication in question.” The indirect use of a registered geographical indication, the court found, “requires the disputed…
