The European Food Safety Authority (EFSA) has reportedly concluded that “[t]here is no evidence that the Ebola virus can be transmitted through food in the European Union.” At the request of the European Commission, EFSA issued a scientific report detailing the risk pathway for the transmission of Zaïre Ebola virus (ZEBOV) via imported food consumed in the European Union. Although the report emphasizes that ZEBOV infections linked to the EU food chain have never been documented, it notes the gaps in scientific research stemming from the unlikelihood of this event. “Due to lack of data and knowledge, which results in very high uncertainty, it is not possible to quantify the risk of foodborne transmission of ZEBOV derived from the consumption of these imported foods, or in fact whether or not this mode of transmission could occur at all,” states EFSA. “The overall conclusions of both approaches are consistent and suggest…
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Shook, Hardy & Bacon Agribusiness & Food Safety attorneys Ann Havelka and Jeff Lingwall provided an analysis of putative class action labeling claims against Salov North America and its Filippo Berio® brand of olive oil in a February 20, 2015, article for Law360. Kumar v. Salov North America Corp., No. 4:14_CV-02411 (N.D. Cal. Feb. 3, 2015). The plaintiff in the case alleges that Salov’s Filippo Berio® oil is deceptively labeled as “Imported from Italy,” and that independent product tests on the “Extra Virgin” varieties indicate that they are of less-than-extra-virgin quality. According to Havelka and Lingwall, these ongoing olive oil proceedings offer food manufacturers “a cautionary example, both for traditional labeling issues and for the trend toward litigation based on product testing,” making it all the more important for companies to be “prepared with their own test results, documented production standards and quality-control protocols” to ensure that all labeling claims…
A California federal court has dismissed two claims and allowed four to continue in a putative class action alleging that (i) Salov North America Corp. mislabeled its Filippo Berio olive oils as “Imported from Italy” despite using olives grown and pressed in other countries and (ii) its extra virgin olive oils do not meet the high standards required to qualify as “extra virgin,” partly due to inefficient bottling and transportation. Kumar v. Salov North Am. Corp., No. 14-2411 (N.D. Cal., order entered February 3, 2015). The court first assessed Salov’s challenge to the plaintiff’s standing and found that it could not, as a matter of law, determine that a reasonable consumer would not interpret “Imported from Italy” to mean that the product was made exclusively of Italian olives. Salov also asserted that the plaintiff must have seen the statement on the label that informed consumers that the product was “Packed…
A California federal court has denied a motion to dismiss a putative class action alleging that Deoleo USA Inc., importer of Bertolli and Carapelli olive oils, misrepresented the quality of the oils as “extra virgin” despite being mixed with refined oil and using bottles insufficient to prevent sunlight and heat degradation. Koller v. Med Foods, Inc., No. 14-2400 (N.D. Cal., order entered January 6, 2015). Deoleo attacked the complaint for failing to supply the studies supporting the argument that “’imported ‘extra virgin’ olive oil often fails international and USDA standards’ and that packaging olive oil in clear bottles can lead to rapid degradation of its quality,” but the court dismissed the argument for being premature to the pleading phase. Deoleo also asserted that while studies may support the proposition that the oil it imports may not meet extra virgin standards, the plaintiff could not show that the oil in the bottle…
The U.S. Department of Agriculture has proposed a rule that would allow anyone producing, handling, marketing, or importing certified organic products to be exempt from paying the assessments associated with commodity promotion activities like advertising. The exemption would cover all “organic” and “100 percent organic” products certified under the National Organic Program. The current rule allows the exemption to apply only to those who exclusively produce and market products certified as 100 percent organic, but the proposed rule would broaden application to include all organic products regardless of whether the person or company imports or handles nonorganic products as well. Comments on the proposed rule must be received by January 15, 2015. See Federal Register, December 16, 2014. Issue 549
Hours before U.S. regulators were poised to penalize Mexican sugar imports, the United States and Mexico reached an agreement to set a price floor on imported sugar and to suspend anti-dumping and anti-subsidy duties. The dispute began in April 2014 when the U.S. Department of Commerce initiated an investigation following petitions from the U.S. sugar industry complaining of unfair pricing and government subsidies on Mexican sugar. Under the agreement, Mexico will reportedly be allowed to meet any demand for sugar in the United States after U.S. producers and other countries with fixed quotas have exhausted their supplies. Mexican producers will sell their sugar for no less than $0.2075 per pound for raw and $0.2357 per pound for refined. “We believe these Agreements, which work in concert with the U.S. sugar program, effectively address the market-distorting effects of any unfairly traded sugar,” Assistant Secretary of Commerce for Enforcement and Compliance Paul…
In light of representations that the parties are close to settlement, a multidistrict litigation (MDL) court has continued to stay proceedings in litigation alleging that the isolated appearance of genetically modified (GM) wheat in Oregon, which purportedly led Japan and South Korea to suspend imports of soft-white wheat from the United States, caused wheat farmers to sustain economic losses. Barnes v. Monsanto Co., C.A., MDL No. 13-2473 (D. Kan., order entered September 10, 2014). Information about the lawsuit filed by Kansas farmer Ernest Barnes appears in Issue 486 of this Update. The court ordered the parties to file stipulations of dismissal of the soft-white wheat claims on or before September 29, 2014, or to submit a scheduling order, discovery plan and early mediation plan by November 7. Issue 537
Hershey Co. has filed a complaint in Pennsylvania federal court alleging that LLB Imports infringes its trademarks and trade dress for several of its products, including Reese’s, York, Cadbury, Malteser, Kit Kat, and Rolo. Hershey Co. v. LLB Imports LLC, No. 14-1655 (M.D. Penn., filed August 25, 2014). According to the complaint, LLB Imports has been selling Toffee Crisp, Yorkie, Maltesers, Cadbury, Kit Kat, and Rolo products manufactured outside of the United States bearing nutritional information panels required by other countries, and the sale of the products allegedly infringes trademarks and trade dress owned by or exclusively licensed to Hershey. In addition to several trademark infringement claims, the candy company alleges that Toffee Crisp infringes the trade dress for Reese’s, citing its shade of orange and outlined yellow script, as well as the trade dress of Cadbury, Kit Kat and Rolo. Hershey asks for an injunction, a declaration that LLB violated the…
The Department of Commerce has issued an affirmative preliminary determination in a countervailing duty (CVD) investigation of sugar imports from Mexico, and the United States is preparing to impose import duties as high as 17 percent on Mexican sugar. According to an International Trade Administration fact sheet, the CVD investigation was instituted in March 2014 after domestic sugar interests filed a petition seeking relief from “the market distorting effects caused by injurious subsidization of imports into the United States.” Beginning the first week of September, Commerce will instruct U.S. Customs and Border Protection to require cash deposits based on the preliminary subsidy rates calculated for different Mexican exporters. A final determination in the matter is scheduled for January 2015. An American Sugar Alliance spokesperson said that the August 26, 2014, determination “validates our claim that the flood of Mexican sugar, which is harming America’s sugar producers and workers, is subsidized…
Russia has relaxed its food ban against the European Union by clarifying that it will allow imports of salmon and trout hatchlings, potato and onion seed, sugar maize hybrid and peas for planting, lactose-free milk, flavor additives, and food fibers. The move follows criticism from within the country on the effects the import prohibitions would have on Russians, and according to the Moscow Times, it will also ease the bans’ burden on neighboring Finland. To soften the effects on the markets for fruits and vegetables for the rest of Europe, the European Union has set aside €125 million to compensate producers for keeping several of their perishable products off the market to avoid a price collapse. Further information on Russia’s food bans appears in Issue 533 of this Update. See CNN, August 18, 2014, and Moscow Times, August 21, 2014. Within Russia, consumer protection agency Rospotrebnadzor has introduced fines—between 20,000 and…
