U.S. Reps. Chellie Pingree (D-Maine) and Dan Newhouse (R-Wash.) have introduced the Food Date Labeling Act, which aims to "end consumer confusion around food date labeling and ensure Americans do not throw out perfectly good food," according to a press release. Sen. Richard Blumenthal (D-Conn.) has introduced a companion bill in the Senate. The proposed law would establish "Best if Used By" to communicate that the quality may decline following the listed date, while "Use By" would communicate that a product should not be consumed after the listed date. "Food labeling is important for consumer education, but the current practice is confusing and outdated. This bill takes a step toward reducing food waste by helping consumers understand the meaning behind date labels," Newhouse is quoted as saying. "The legislation also helps restaurants and grocery stores bridge the gap when it comes to donating food to shelters, food banks and other…
Tag Archives labeling
A New York federal court has granted Crystal Farms Refrigerated Distribution Co.'s motion to dismiss a putative class action alleging that the packaging of Diner's Choice mashed potatoes misleads consumers by featuring "Made with Real Butter" on the front despite containing both butter and margarine. Reyes v. Crystal Farms Refrigerated Distrib. Co., No. 18-2250 (E.D.N.Y., entered July 26, 2019). The court dismissed the allegations relying on the "butter" representation because the statement "is not misleading. Defendant's mashed potatoes contain butter. [] To the extent that including a label on a mashed-potatoes package indicating that the product is 'made with real butter' may create confusion as to whether the mashed potatoes also contain margarine, such confusion is sufficiently dispelled by the ingredients label on the back of the package, which states twice—and once in bold font set apart from the rest of the items listed in the ingredients label—that the product…
The U.K. Cabinet Office has begun an open consultation on general health policies, including nutrition initiatives. The consultation includes an announcement that the government will ban the sale of energy drinks to children under 16, with the full policy to be announced "in our consultation response shortly." The consultation response will also include details of a proposed policy on "making calorie labelling mandatory in the out-of-home sector, such as restaurants, takeaways and cafes." Further, the government has identified five areas of the country that will test programs to restrict advertising for foods high in fat, sugar and salt, incentivize business to "improve their retail offer," improve accessibility and affordability of healthy foods and "create healthier food environments through the planning system." The consultation also includes plans for "infant feeding, clear labelling, food reformulation improving the nutritional content of foods, and support for individuals to achieve and maintain a healthier weight."
Children's Health Defense, an organization founded and chaired by Robert F. Kennedy, Jr., has filed a lawsuit alleging that Beech-Nut Nutrition Co. misrepresents its baby-food products as "100% natural" despite containing pesticide residues. Children's Health Def. v. Beech-Nut Nutrition Co., No. 2019 CA 4475 (D.C. Super. Ct., filed July 8, 2019). The organization alleges that Beech-Nut markets its products as "100% natural," which the company website apparently defines as "simple, all-natural ingredients from places that nurture their fruits and vegetables and care about their quality. We never use artificial preservatives—nobody really needs modified starch, salt or harsh spices, especially babies. … We're not a fan of pesticides; our internal standards are significantly stricter than federal requirements." The complaint asserts that an independent laboratory tested the products and found pesticide residues in several varieties. The organization alleges a cause of action under the District of Columbia Consumer Protection Procedures Act and…
A California federal court has dismissed with prejudice a lawsuit alleging that Trader Joe's Co.'s "pure manuka honey" was "adulterated by the inclusion of cheaper honey." Moore v. Trader Joe's Co., No. 18-4418 (N.D. Cal., entered June 24, 2019). The court's decision notes a transcript from oral argument in which the plaintiff explained, "[T]here could be other flowers in the immediate area where the manuka flowers are. So the bees are not just going to the manuka flowers. They are going to the clover flowers. They are going to the … dandelions and they are all coming back to - to store the nectar in the same hive and so it's already adulterated when it gets into the hive." "In sum, Plaintiffs clarified that their adulteration theory is premised on the bees visiting different floral sources and returning to the hive resulting in a lower manuka pollen count, rather than…
A consumer has filed a putative class action alleging that Tropicana Manufacturing Co. misrepresents its orange juice as "natural" because it contains a variation of malic acid that can be used as an artificial flavoring ingredient. Johnson v. Tropicana Mfg. Co. Inc., No. 19-1164 (S.D. Cal., filed June 20, 2019). The complaint, echoing similar actions filed by the same plaintiff's firm against other companies, alleges that the ingredient "malic acid" on the product's ingredient list is not the naturally occurring l-malic acid but rather d-l malic acid, which "is manufactured in petrochemical plants from benzene or butane—components of gasoline and lighter fluid, respectively—through a series of chemical reactions, some of which involve highly toxic chemical precursors and byproducts." The plaintiff alleges violations of California's consumer-protection laws and seeks class certification, restitution, damages, corrective advertising and attorney's fees.
U.K. Environment Secretary Michael Gove has reportedly announced that a law requiring a full listing of ingredients on prepackaged food will take effect by the summer of 2021 and will include a two-year implementation period allowing businesses to adapt. "Natasha's Law" bears the name of a 15-year-old who died from anaphylaxis after an allergic reaction caused by consumption of a Pret A Manger baguette. Current regulations require that prepackaged food made on-site must be displayed near a sign prompting customers to ask about allergens.
A plaintiff has alleged that Danone North America misleads consumers by labeling its Dannon and Oikos yogurts as featuring "vanilla with other natural flavors" because the products contain "less vanilla flavor derived from vanilla beans than their name suggests." Andriulli v. Danone N. Am., No. 19-5165 (S.D.N.Y., filed June 2, 2019). The plaintiff asserts that the product flavor "should be labeled 'Vanilla-Vanillin Extract/Flavoring/Powder, Imitation' so consumers are not misled as to the flavor of the Products." Further, the complaint states, Oikos vanilla-flavored yogurt includes beta carotene, which "has the effect of modifying the color of the product closer to the color consumers associate with a product flavored exclusively by vanilla bean components — a tanner, darker shade like in the following stock image." The complaint then features a light orange square. "This coloring makes the consumer less likely to question or probe into the amount and type of vanilla flavor…
The U.S. Food and Drug Administration (FDA) has sent a letter to food and beverage manufacturers recommending that they primarily use "Best If Used By" on their packages to help consumers who may be confused by the use of the phrase "Sell By." The letter explains that the Grocery Manufacturers Association and Food Marketing Institute have recommended that food manufacturers use the distinguishing phrases "Best If Used By"—for foods that may decline in quality after a specific date but remain safe to eat—and "Use By," which should appear on the label of perishable foods that should be discarded after a specific date for safety reasons. "As approximately 80% of the foods in the US are regulated by the FDA, we would like to inform our regulated food industries that FDA strongly supports industry’s voluntary industrywide efforts to use the 'Best if Used By' introductory phrase when choosing to include a…
Shook Partner Lindsey Heinz and Associate Elizabeth Fessler discuss the regulatory and legal implications of food advertising, especially through social media, in the podcast available below. What types of scientific substantiation do companies need to supply for labeling claims, particularly those related to health and safety? Do the U.S. Food and Drug Administration (FDA) and Federal Trade Commission (FTC) look to websites and social media when reviewing products for regulatory compliance? What should companies know about retweeting or sharing third-party endorsements? Listen to the podcast (6:53) and read the transcript, available below. LINDSEY HEINZ Have your cake and tweet it too—managing social media marketing campaigns related to food and beverage products can be a tricky legal line to tow. ELIZABETH FESSLER Social media continue to be a powerful marketing tool. And as access to technology expands, social media marketing campaigns are increasingly likely to play a significant role in marketing…
