A consumer has filed a putative class action in New York federal court against Tribe Mediterranean Foods alleging that its hummus is not “all natural” because the product contains genetically modified (GM) ingredients, including canola oil and citric acid. Magier v. Tribe Mediterranean Foods, No. 15-5781 (S.D.N.Y., filed July 23, 2015). The complaint asserts that the “all natural” claim on the label precludes Tribe from using any artificial or synthetic ingredients in the hummus, and the plaintiff argues that she paid a higher price for the product believing it to be free of synthetic or GM ingredients. She claims that Tribe violated the Magnuson-Moss Warranty Act and New York consumer protection statutes and further alleges fraud, unjust enrichment and misrepresentation claims. Meanwhile, in New York state court, a group of consumers has reportedly filed a lawsuit alleging that John Wm. Macy Cheese Crisps, Cheese Sticks and Sweet Sticks contain synthetic…
Tag Archives GMO
Friends of the Earth (FOE) has released a report claiming that so-called food and agriculture industry front groups use covert tactics to influence the public discourse around agriculture, organic production and sustainability, and genetically modified organisms (GMOs). Titled Spinning Food: How Food Industry Front Groups and Covert Communications Are Shaping the Story of Food, the report alleges that these front groups not only co-opt blogs, social media and other seemingly independent platforms to spread PR messages on behalf of industry, but ally with third-party outlets—such as National Geographic and The New York Times—to create “an echo chamber of industry talking points on anti-GMO labeling, attacks on organic agriculture and a defense of agrochemicals.” “Rather than responding to changing market demands by shifting the way they do business, these companies are trying to preserve market share and win key policy battles by using ‘tobacco-style’ PR tactics,” opines the report. “While the…
A Hawaii federal court has ruled that a Maui ban on genetically modified organisms (GMOs) is preempted by the Plant Protection Act and therefore invalid. Robert Ito Farm, Inc. v. Cty. of Maui, No. 14-0582 (D. Haw., order entered June 30, 2015). The decision begins with an introduction clarifying that the court recognizes the importance of the questions of whether GMOs pose risks, noting, “This order is not an attempt by this court to pass judgment on any benefit or detriment posted by [genetic engineering (GE)] activities or GMOs.” The Maui prohibition on GMO cultivation or propagation passed in November 2014 and supporters of the initiative filed a lawsuit for a declaratory judgment shortly thereafter. Detractors then filed a lawsuit the following day seeking to invalidate the ban. After disposing with preliminary motions filed by a supporter organization, Shaka Movement, the court turned to the issue of preemption. The federal…
The European Food Safety Authority’s (EFSA’s) Scientific Committee has published guidance for renewing “applications of genetically modified [GM] food and feed authorized under Regulation (EC) No. 1829/2003.” Describing “the data requirements for renewal applications, “ the guidance directs applicants seeking reauthorization of GM food and feed products to provide the following: (i) “a copy of the authorization”; (ii) “post-market monitoring and post-market environmental monitoring reports”; (iii) “systematic search and evaluation of literature”; and (iv) “updated bioinformatics and any additional documents or studies performed by or on behalf of the applicant during the authorization period.” In addition, EFSA asks applicants “to assess the collected information and conclude whether the previous risk assessment remains valid.” “GM food and feed listed under Regulation (EC) 1829/2003 are within the scope of this new guidance. These include all those plants that have already been assessed by EFSA–such as maize, oilseed rape, soybean and cotton,” explains…
In an amended complaint, a plaintiff has alleged that Campbell Soup Co.’s Prego® sauces contain canola oil with genetically modified organisms (GMOs) despite the products’ “100% Natural” label claims. Nelson v. Campbell Soup Co., No. 14-2647 (S.D. Cal., amended complaint filed June 8, 2015). The complaint asserts that 90 percent of canola crops in the United States are genetically modified, and because Campbell does not “undertake additional expensive steps to purchase and verify a supply from non-GMO growers,” the canola oil used in Prego® products includes GMOs. The plaintiff argues that a “reasonable California consumer, like Plaintiff, would not expect a Product labeled ‘100% Natural’ to contain ingredients made from genetically modified crops, which are, by definition, artificial and synthetic.” She seeks damages and attorney’s fees for her allegations of unfair competition and false advertising. Issue 568
Kashi Co., a unit of Kellogg Co., has agreed to pay up to $3.99 million in a class action alleging that the company advertised its products as “All Natural” despite containing genetically modified organisms (GMOs). Eggnatz v. The Kellogg Co., No. 12-21678 (S.D. Fla., motion for preliminary approval filed June 5, 2015). The proposed settlement agreement provides class members who can prove they purchased the products a full refund and those without proof $0.55 per package, totaling a minimum of $2 million and maximum of $3.99 million in claims. Kashi will also remove the “All Natural” label from products containing the contested ingredients and provide class members with compliance information on the Non-GMO Project Verified seals displayed on some of its products. The settlement agreement applies to the national class but excludes California residents due to a settlement in a case involving similar claims. Issue 568
The shareholder advocacy group As You Sow has announced the success of a three-year campaign targeting baby formula purportedly made with ingredients derived from genetically modified organisms (GMOs). According to a May 27, 2015, press release, the group drafted a shareholder resolution asking Abbott Laboratories to remove GMOs from its Similac® Advance® baby formula. In response to the resolution, which apparently garnered support from $2.7 billion in Abbott shares (6 percent of voting shares) at the company’s annual meeting, Abbott has reportedly agreed to offer a GMO-free version of its popular formula. Among other things, As You Sow claims that GMO crops “are contributing to several environmental concerns in the United States,” including the allegedly excessive use of pesticides and herbicides. “Polls show that 93% of Americans want GMOs to be labeled or taken out of their foods. Concerned parents are driving the decisions to have safer food products—they are creating…
A ban on growing genetically modified organisms (GMOs) in Jackson County, Oregon, took effect on June 5, 2015, after a federal court refused to block the voter-approved statute at the request of alfalfa farmers who have grown GMO crops. Schultz Family Farms LLC v. Jackson Cty., No. 14-1975 (D. Ore., Medford Div., order entered May 29, 2015). The court noted that the issue of GMO farming encompasses several broad questions about the American food supply that it would not attempt to answer; its decision “is simply about the statutory construction of the Right to Farm Act, Jackson County Ordinance 635, and Oregon Senate Bill 863.” The court first describes Oregon’s Right to Farm Act, finding that “in the conflicts that arise between active, functioning farms and new, neighboring suburbanites, who inevitably find the farming practices loud, smelly, invasive, or simply irritating, the Oregon legislature has decided, as have many states,…
The Center for Food Safety, Food & Water Watch and Friends of the Earth (FOE) have authored a May 28, 2015, letter to the U.S. Food and Drug Administration (FDA), claiming that a draft risk assessment conducted by the Canadian Department of Fisheries and Oceans (DFO) questions the health and welfare of AquaBounty Technologies Inc.’s genetically modified (GM) salmon. According to FOE, the “never-before-seen” environmental review concludes that AquaBounty’s GM salmon are not only “more susceptible to Aeromonas salmonicida, a type of disease-causing bacteria,” but exhibit “diminished growth rates” and “widely varied performance.” The assessment also reportedly registers “uncertainty” about the function of the gene construct, in addition to faulting the management and operation of AquaBounty facilities for allegedly failing to supply “internal compliance documentation, such as a daily check-list to ensure that all relevant mechanical barriers are in place and functioning properly.” As a result of these findings, the…
A group of consumers has filed a putative class action against Abbott Laboratories, Inc. alleging the company misrepresents its Similac Advance® Organic Infant Formulas because several of the ingredients are banned by federal law from use in food labeled “organic.” Marentette v. Abbott Labs., Inc., No. 15-2837 (E.D.N.Y., filed May 15, 2015). The plaintiffs challenge the products’ inclusion of beta carotene, biotin, taurine and lutein, among several other ingredients, and additionally assert that “at least one ingredient in these infant formulas is produced using genetically engineered materials—a practice forbidden in organic foods.” The complaint contends that Abbott knew that consumers would pay more for organic products and willfully misled them. The plaintiffs seek class certification, damages and an injunction for alleged violations of New York and California consumer-protection statutes, unjust enrichment and breach of warranty. Since the complaint was filed, Abbott has begun offering a version of Similac Advance® manufactured…
