Watkins Inc., a Minnesota-based company known for its black pepper, has filed a lawsuit against McCormick and Co., Inc., a global purveyor of spices, alleging that McCormick recently began underfilling its pepper containers but continued using the same size of packaging. Watkins Inc. v. McCormick and Co., No. 15-2688 (D. Minn., filed June 9, 2015). The complaint provides photographic comparisons of Watkins and McCormick tins, a photo of McCormick’s 2-ounce tin alongside the 1.5-ounce tin in a store selling each for the same price, and several photos of stores with shelf tags incorrectly listing the previous size but offering the reduced-size product. “McCormick intentionally kept the tin the same size, with the same price, notwithstanding the 25% decrease in ground black pepper fill, in a manner that misleads retailers and consumers,” the complaint asserts. Watkins alleges that McCormick has violated the Lanham Act and several state business practices acts as…
Tag Archives herbs and spices
Representatives of more than 170 countries, the European Union and governmental and non-governmental organizations convened in Geneva, Switzerland, on July 14-18, 2014, for the annual meeting of the Codex Alimentarius Commission. Delegates reportedly adopted a recommendation that no more than 0.01 mg/kg of lead be allowed in infant formula and that raw materials be sourced from geographical areas where lead is less prevalent, citing the particular vulnerability of infants and young children to developmental health effects from lead exposure. Codex also set a maximum allowable level for arsenic in rice of 0.2 mg/kg because long-term exposure to the naturally occurring chemical has been linked to the development of cancer, heart disease and diabetes. Other decisions made during the annual meeting related to restricting the use of eight veterinary drugs (chloramphenicol, malachite green, carbadox, furazolidone, nitrofural, chlorpromazine, stilbenes and olaquinadox) in food-producing animals to prevent any residual quantities in meat, milk,…
Addressing a question of first impression, a California appeals court has dismissed a putative class action alleging that Herb Thyme Farms mislabeled its certified organically grown herbs as “USDA Organic” because the contents included a mix of organically and conventionally grown herbs. Quesada v. Herb Thyme Farms, Inc., No. B239602 (Cal. Ct. App., 2d Dist., Div. 3, decided December 23, 2013). According to the court, on appeal, the plaintiff changed her theory of liability from alleged violations of state consumer protection laws to violation of the California Organic Products Act of 2003, a federally approved state organic program. She cited Farm Raised Salmon Cases, 42 Cal. 4th 1077 (2008), to counter the trial court’s conclusion that her claims were preempted under federal law. Distinguishing Farm Raised Salmon Cases, the court was guided instead by Aurora Dairy Corp. Organic Milk Marketing & Sales Practices Litigation v. Aurora Organic Dairy, 621 F.3d 781…
The U.S. Food and Drug Administration (FDA) has extended until March 3, 2014, the period for submission of comments, scientific data and other information related to its draft document titled, “Draft Risk Profile on Pathogens and Filth in Spices.” Originally published in the November 4, 2013, Federal Register, the draft risk profile identifies the most commonly occurring microbial hazards and filth in spices and quantifies, where possible, the prevalence and levels of these adulterants at different points along the spice supply chain. It identifies potential sources of contamination throughout the farm-to-table spice supply chain and evaluates the efficacy of current mitigation and control options designed to reduce the public health risk posed by consumption of contaminated spices in the United States. It also describes potential future mitigation and control options and identifies critical data gaps and research needs. FDA invites comments that can help improve the (i) data and information used;…
The U.S. Food and Drug Administration (FDA) has released a draft of its spice risk report, which calls attention to the most common microbial hazards and filth in imported spices, along with possible sources of contamination. The report, “Pathogens and Filth in Spices,” also evaluates current mitigation techniques, recommends options and identifies research needs and data gaps. According to FDA, a notice about the report will be published in the November 4, 2013, Federal Register. Calling the findings a “wake-up call” to spice producers, FDA revealed that of the products tested between 2007 and 2010, (i) spices are twice as likely to be contaminated as other types of imported food; (ii) 12 percent of spices imported into the United States were contaminated with insect parts, excrement, rodent hair and other materials; (iii) 7 percent of the shipments contained Salmonella; and (iv) spices imported from Mexico and India apparently have the highest rate of contamination.…
A recent article in The New York Times reports that the U.S. Department of Agriculture (USDA) is set to release a three-year-long study concluding that imported spices, particularly those from India and Mexico, are contaminated with Salmonella—reportedly the most common source of foodborne illness—at twice the rate of all other imported foods. “In a study of more than 20,000 food shipments,” the article states, “[USDA] found that nearly 7 percent of spice lots were contaminated with salmonella, twice the average of all other imported foods. Some 15 percent of coriander and 12 percent of oregano and basil shipments were contaminated, with high contamination levels also found in sesame seeds, curry powder and cumin. Four percent of black pepper shipments were contaminated.” “Salmonella is a widespread problem with respect to imported spices,” Deputy U.S. Food and Drug Administration Commissioner Michael Taylor was quoted as saying. “We have decided that spices are…
A recent Pediatrics “Perspectives” article warns physicians and parents about the increasing number of children and adolescents who have attempted the “Cinnamon Challenge,” an impossible prank made popular on the Internet that apparently entails “swallowing a tablespoon of ground cinnamon in 60 seconds without drinking fluids.” Amelia Grant-Alfieri, et al., “Ingesting and Aspirating Dry Cinnamon by Children and Adolescents: The ‘Cinnamon Challenge,’” Pediatrics, April 2013. According to the authors, the challenge has already led “to dozens of calls to poison centers, emergency department visits, and even hospitalizations for adolescents requiring ventilator support for collapsed lungs.” In particular, the article reports that the American Association of Poison Control Centers fielded 178 calls related to the “Cinnamon Challenge” during the first six months of 2012 and that “[a]t least 30 participants nationwide have required medical attention.” Based on these incidents as well as animal studies involving pulmonary exposure to cinnamon, the authors caution…
A company whose deli meat products were allegedly contaminated by the inclusion of the Salmonella-tainted red and black pepper sold to it by a supplier has sued the supplier’s insurance company to recover damages resulting from the products’ recall. Daniele Int’l, Inc. v. Penn-Star Ins. Co., No. 12-709 (D.R.I., filed October 9, 2012). According to the plaintiff, which was awarded a default judgment of $33.18 million in a suit against the supplier in September 2012, the defendant’s insurance policies extend to the supplier’s liability for the plaintiff’s losses and damages. The plaintiff also contends that the insurance carrier was notified about the underlying litigation.
A federal court in Rhode Island has reportedly agreed to enter a default judgment of $33 million against a spice company purportedly involved in a 2010 Salmonella outbreak affecting a salami product that sickened more than 250 people in 44 states. Daniele Int’l, Inc. v. Wholesome Spice & Seasonings, Inc., No. 10-155 (D.R.I., decided September 17, 2012). The court granted the request for default judgment filed by meat producer Daniele International, which was forced to recall in excess of 1.2 million pounds of meat. Health officials traced the contamination to the pepper supplied by the defendant, a company that was reportedly dissolved in April 2012. According to a news source, Daniele’s counsel is uncertain whether they will be able to collect the judgment. See The Wall Street Journal, September 17, 2012.
Daniele International, Inc. has requested that a federal court in Rhode Island enter a $33.1 million default judgment against a spice and seasonings company that allegedly supplied the Salmonella-tainted pepper which resulted in a recall of more than 1.2 million pounds of salami products in 2010. Daniele Int’l, Inc. v. Wholesome Spice & Seasonings, Inc., No. 10-1558 (D.R.I., motion filed July 30, 2012). The defendant has purportedly failed to respond to the complaint or to Daniele’s motion for entry of default. The plaintiff contends that its damages totaled $33,181,174.
