The Massachusetts House of Representatives has reportedly approved a bill (H.B. 4459) that would allow the state to prohibit high-calorie sodas and fatty, salty and sugary snacks in elementary, middle and high schools. The legislation, which supporters believe will help fight childhood obesity, also encourages schools to serve low-fat dairy products and whole grain breads and pastas, non-fried fruit and vegetables, non-carbonated water, and juice with no additives. The bill applies only to “competitive” foods or beverages—those sold à la carte, in vending machines or as side dishes—which are not part of the larger federal lunch program. “What this bill would do is get junk food out of the schools, but more importantly get healthy food into the schools,” sponsor Representative Peter Koutoujian (D-Waltham) was quoted as saying. Kelly Brownell, director of Yale University’s Rudd Center for Food Policy and Obesity, praised the legislation, saying, “This offers parents a greater…
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The First Circuit Court of Appeals has upheld an injunction against the enforcement of a Massachusetts law that regulated wine shipments in a manner that changed “the competitive balance between in-state and out-of-state wineries in a way that benefits Massachusetts wineries and significantly burdens out-of-state wineries.” Family Winemakers of Cal. v. Jenkins, No. 09-1169 (1st Cir., decided January 14, 2010). The statute at issue gave small wineries (those producing 30,000 gallons or less of grape wine annually) the most options for selling to consumers, either by direct shipment or through wholesalers and retailers. According to the court, most Massachusetts wineries are small wineries. Large wineries could sell either through wholesalers or by applying for a special license to ship directly to consumers; they could not do both. Apparently, Massachusetts has no large wineries. A group of California wineries and Massachusetts residents challenged the law, claiming it violated the Commerce Clause by effectively…
Welch Foods Inc. has filed suit against its insurers claiming that they have a duty to defend and indemnify the beverage maker in litigation alleging that the company deceptively marketed its “100% Juice White Grape Pomegranate Flavored 3 Juice Blend”®. Welch Foods Inc. v. Zurich Am. Ins. Co., No. 09-12087 (D. Mass., filed December 8, 2009). According to Welch, the insurers were timely notified about two lawsuits, one by a competitor, POM Wonderful LLC v. Welch Foods Inc., and one by a consumer on behalf of a class, Burcham v. Welch Foods Inc., and denied they had a duty to defend or indemnify the beverage maker. Additional information about those lawsuits appears in issues 290, 313 and 316 of this Update. Alleging that its defense costs have exceeded $75,000 to date in both cases, Welch seeks a declaration that the insurers have a duty to defend and indemnify it under…
The Massachusetts Department of Public Health has issued an advisory for bisphenol A (BPA), urging caretakers of children under two years old to avoid formula and breast milk storage products that contain the chemical. The health department has also advised pregnant and breastfeeding women to avoid using plastic food and beverage containers made with BPA, and to eat fresh or frozen products instead of canned foods that may have contact with BPA liners. In addition, state officials have recommended that all consumers (i) limit their exposure to transparent plastic containers with the recycling number 7 and the letters PC; (ii) avoid heating these containers “in microwave ovens, in water on the stovetop, or by adding boiling water into them”; (iii) wash containers “by hand with warm water and soap, instead of in dishwashers”; and (iv) replace worn or scratched polycarbonate plastic with stainless steel and glass containers. A pamphlet released…
A Massachusetts woman has filed a putative class action in federal court against Gerber Products Co., alleging that its packaging misrepresented the quality of its Fruit Juice Snacks®, which “were virtually nothing more than candy with a touch of vitamin C.” Wiley v. Gerber Prods. Co., No. 09-10099 (D. Mass, filed January 22, 2009). She seeks to represent a class of all consumers who purchased the product before Gerber changed its packaging to indicate that the product was a “treat” rather than a “snack.” Alleging violations of a Massachusetts consumer protection law, intentional and negligent misrepresentation, breach of express and implied warranties, and unjust enrichment, the plaintiff requests class certification, a declaration that Gerber’s acts and practices are unlawful, a permanent injunction, corrective advertising, and damages of $25 per violation amounting to more than $5 million, refunds, double or treble damages, attorney’s fees, and costs. According to the complaint, package…
