A plaintiff has filed a putative class action alleging Bimbo Bakehouse LLC misleads consumers by selling The Cheesecake Factory "Our Famous 'Brown Bread' Wheat Sandwich Loaf" as a bread made with primarily whole grains despite containing higher amounts of enriched wheat flour. Hamidani v. Bimbo Bakehouse LLC, No. 22-1026 (N.D. Ill., E. Div., filed February 26, 2022). "Consumers increasingly prefer whole grains to non-whole grains," the complaint asserts. In addition to "important nutrients like fiber, vitamins, minerals, and antioxidants," the "bran also gives whole grains their distinctive brown coloring." "Despite the labeling of the Product as 'Brown Bread,' with a dark brown color, and visible pieces of grain, the Product is not made with mainly whole grains," the plaintiff argues. "The ingredient list reveals that the most predominant ingredient is not whole grain flour but 'ENRICHED WHEAT FLOUR.' [] While 'WHOLE WHEAT FLOUR' is the third most predominant ingredient, this is…
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A plaintiff has alleged that Food for Life Baking Co. Inc. misled consumers by advertising its cereal product, Ezekiel 4:9, as nutritionally superior to comparable cereal products because it is made with sprouted grains. Elliott v. Food for Life Baking Co. Inc., No. 19-0249 (E.D.N.Y., filed January 13, 2019). The complaint asserts that Ezekiel 4:9's labeling makes nutrient claims comparing its sprouted grains to non-sprouted grains without including "any reference food upon which the relative claims are based, which is misleading because there is no way to accurately evaluate the statements regarding the higher nutritional values of sprouted grains compared to non-sprouted grains." In addition, the complaint contests Ezekiel 4:9's assertion that the grains are a "living food" because "by the time the sprouted grain is dried, grounded into flour and heated, any nutritional benefits which may have existed have been extinguished." For allegations of fraud, negligent misrepresentation, unjust enrichment,…
The Cornucopia Institute has released "The Turkish Infiltration of the U.S. Organic Grain Market: How Failed Enforcement and Ineffective Regulations Made the U.S. Ripe for Fraud and Organized Crime," a report arguing that the U.S. Department of Agriculture (USDA) has failed to "curb the infiltration of questionable organic grain imports" into the U.S. food supply. The report alleges that shipments of grain have arrived from Turkey, Russia, Moldova and Kazakhstan that were purportedly sourced from countries that do not have sufficient organic acreage to produce the amount of imported organic grains. The report accompanies a Cornucopia letter urging Secretary of Agriculture Sonny Perdue to "implement protocols and procedures to require testing of any bulk shipment of 'organic' grain that meets minimum volume or monetary value thresholds and is presented for import at ports, docks, and border crossings of the United States." "We again urge the USDA to engage in emergency…
I Heart Foods Inc. faces a putative class action alleging that its "I Heart Keenwah" Quinoa Puffs contain mostly rice and pea protein rather than the quinoa implied by the product name. Ransom v. I Heart Foods Inc., No. 18-1465 (E.D.N.Y., filed March 8, 2018). According to the complaint, Quinoa Puffs are made from quinoa flour, brown and white rice flours and pea protein concentrate. Manufacturing methods for “puffed extrusion foods” require ingredients that have a low fat and high starch content, the plaintiff asserts, and the high levels of lipids in quinoa suggest that the product is mostly made of rice. In addition, the complaint argues that because pea protein has five times the amount of protein contained in quinoa, the label’s claim of five grams of protein per serving is likely due to the pea protein. Alleging violations of New York consumer-protection laws, breach of warranties, fraud and unjust enrichment,…
A federal grand jury has indicted a husband and wife who own a grain storage company in northwestern Missouri, alleging that they conspired to victimize more than 100 farmers at an estimated loss exceeding $3.1 million by selling grain the farmers owned without paying them and by commingling and embezzling the farmers’ money. United States v. Froman, No. 11-06005 (W.D. Mo., filed April 21, 2011). The indictment alleges that “grain (primarily corn and soybeans), which was owned by various farmers who contracted with Gallatin Grain, was sold by the Fromans without the farmers’ permission and the proceeds of the sale were wrongfully withheld by the Fromans.” Counts of conspiracy, mail fraud and bank fraud have been brought against both Daniel and Pauline Froman. Daniel has also been charged with one count of wire fraud and one count of interstate transportation of stolen property. Prison terms of up to 30 years…
Mexico has reportedly approved its first pilot program to grow genetically modified (GM) corn. Noting that “it is necessary to advance the use of biotechnology to reduce imports and promote national production,” the Ministry of Agriculture approved the planting of GM yellow corn on approximately 2.5 acres in the northern state of Tamaulipas. Since 2009 when it began allowing GM corn on small experimental fields, the Mexican government has evidently received 121 requests for permits and allowed approximately 170 acres. According to the ministry, a pilot program is granted after an experimental field has been deemed safe by government inspectors. Although large commercial farms in northern Mexico have welcomed the GM corn to compete with U.S. imports, smaller farms in southern Mexico have expressed concern that the biotech crops could contaminate native red, blue and yellow corn varieties. See Reuters, March 8, 2011.
The U.S. Department of Agriculture’s (USDA’s) Animal and Plant Health Inspection Service (APHIS) has issued a determination of nonregulated status for a corn variety genetically engineered (GE) to facilitate ethanol production. Developed by Syngenta Seeds, Inc., Event 3272 or Enogen™ corn produces a microbial enzyme that, according to the petition for deregulation, is “unlikely to pose a plant pest risk and, therefore, should not be a regulated article under APHIS’ regulations in 7 CFR part 340.” After reviewing the scientific data and soliciting public feedback on a draft environmental assessment, APHIS has agreed that this variety of GE corn “should be granted nonregulated status” as of February 15, 2011. See Federal Register, February 15, 2011. Meanwhile, corn millers and other food industry interests have reportedly criticized the decision, telling The New York Times that cross-pollination with food-grade corn “could lead to crumbly corn chips, soggy cereal, loaves of bread with soupy…
A federal court in Missouri has denied in part and granted in part the summary judgment motions filed by Texas and Louisiana rice farmers as well as the company they sued in the first group of cases in this multidistrict litigation (MDL) to be remanded to their transferor courts for trial. In re: Genetically Modified Rice Litig., MDL No. 1811 (E.D. Mo., decided February 1, 2011). The litigation involves claims that conventional U.S. rice farmers sustained market losses when other countries learned that the U.S. rice supply had been contaminated with a genetically modified (GM) rice variety and then prohibited all U.S. imports. To date, the company has lost a number of bellwether trials and has entered settlements with some purportedly affected farmers. Relying on previous dispositive rulings, the court dismissed the Louisiana plaintiffs’ claims under the North Carolina Unfair Trade Practices Act and their claims for punitive damages. The court allowed…
In a decision that prompted the promise of an immediate legal challenge, the U.S. Department of Agriculture (USDA) has announced that it will grant nonregulated status to genetically engineered (GE) alfalfa. According to USDA Secretary Tom Vilsack, “After conducting a thorough and transparent examination of alfalfa through a multi-alternative environmental impact statement (EIS) and several public comment opportunities, APHIS [the Animal and Plant Health Inspection Service] has determined that Roundup Ready alfalfa is as safe as traditionally bred alfalfa.” The agency’s Record of Decision concludes that “alfalfa events J101 and J163 do not pose a greater plant pest risk than other conventional alfalfa varieties.” The House Agriculture Committee conducted a public forum January 20, 2011, to discuss matters relating to the USDA’s anticipated action on GE alfalfa’s deregulation. The agency had proposed several options, including partially deregulating GE alfalfa and establishing isolation distances and geographic limits on where the crop is…
Three congressional Republicans assert that the U.S. Department of Agriculture (USDA) has no authority to weigh economic factors in conducting an environmental review for genetically engineered (GE) alfalfa under the National Environmental Policy Act and the Plant Protection Act. In a January 19, 2011, letter submitted to USDA Secretary Tom Vilsack, they vilify him for including an option that would impose geographic restrictions and isolation distances on the crop. House Agriculture Committee Chair Frank Lucas (R-Okla.) and Senators Saxby Chambliss (R-Ga.) and Pat Roberts (R-Kan.) contend that the option was included in the final environmental impact statement (EIS) solely “to interfere in planting decisions based on the risk of economic harm due to pollen drift.” According to the congressmen, the option “is a poor substitute for existing options available to farmers to amicably resolve the concerns regarding co-existence of agriculture biotechnology, conventional and organic crops.” They also claim that “the implications…
