A new Cornucopia Institute report examines four methods of organic egg production—pasture-based with mobile housing, “pasture raised” using fixed housing with access to adjacent pastures, fixed housing with minimum outdoor access and industrial scale. Titled “Scrambled Eggs: Separating Factory Farm Egg Production from Authentic Organic Agriculture,” the analysis also discusses animal welfare standards and evaluates animal welfare labels. An accompanying “scorecard” rates various brands of eggs based on 28 criteria, showcasing the “true heroes, including national and local producers that are supplying ethically-produced organic eggs and are worthy of consumer support.” See Cornucopia News Release, December 15, 2015.
Tag Archives organic
The California Supreme Court has held that a consumer may sue Herb Thyme Farms, Inc. alleging its herbs are improperly labeled as “organic,” dismissing the farm’s contention that the Organic Foods Production Act of 1990 blocks such claims. Quesada v. Herb Thyme Farms, Inc., No. S216305 (Cal., order entered December 3, 2015). Details about previous court rulings concluding that the federal law preempted the action appear in Issues 347 and 509 of this Update. The court found that, contrary to the farm’s arguments, the federal statute does not prohibit consumers from seeking redress. “[T]he complaint here alleges Herb Thyme has engaged in fraud by intentionally labeling conventionally grown herbs as organic, thereby pocketing the additional premiums organic produce commands. The purposes and objectives underlying the Organic Foods Act do not suggest such suits are an obstacle; to the contrary, a core reason for the act was to create a clear…
A California federal court has dismissed a proposed class action against Plum Organics alleging that large photos of fruits and vegetables on the company’s Mighty 4® Children’s Food product packaging mislead consumers into believing the products contain significant amounts of those fruits and vegetables. Workman v. Plum Inc., No. 15-2568 (N.D. Cal., filed November 2, 2015). The court refused to find that the mere inclusion of the pictures constituted misrepresentation. “The products at issue do not display any affirmative misrepresentations,” the court said. “They merely show pictures of featured ingredients contained in the puree pouch and fruit bars. No reasonable consumer would expect the size of the flavors pictured on the label to directly correlate with the predominance of the pictured ingredient in the puree blend.” In October 2015, Plum announced it would change its marketing, including product names, to better reflect the contents of its products. Additional information appears…
Baby food manufacturer Plum Organics has agreed to adjust its products’ names to more accurately reflect their contents in light of threatened litigation from consumer group Center for Science in the Public Interest (CSPI). CSPI contended Plum's products misleadingly featured names highlighting their "healthful, high-value ingredients, such as kale, quinoa, blueberries, and green beans," but were composed mostly of "less healthful, less-valuable ingredients, such as apple juice or apple puree." Further details about CSPI's letters to Plum and Gerber appear in Issue 565 of this Update. “Plum’s label improvements will be of enormous help to parents, who want to know at a glance what’s in the food they buy for their infants and toddlers and don’t have time to authenticate information on the front package by reading through every ingredient and disclosure on the back of the package,” said CSPI Litigation Director Maia Kats in an October 22, 2015, press…
A California federal court has denied the U.S. Department of Agriculture’s (USDA’s) motion to dismiss a lawsuit brought by environmental organizations challenging USDA’s issuance of a guidance document about the use of pesticides in compost without first having solicited public comment. Ctr. for Envt’l Health v. Vilsack, No. 15-1690 (N.D. Cal., order entered September 29). The Center for Food Safety (CFS), Center for Environmental Health and Beyond Pesticides challenged USDA’s actions on Administrative Procedures Act (APA) grounds, arguing the agency violated federal procedures by not allowing a formal rulemaking and public comment period about a guidance document permitting the use of compost with pesticides in the production of organic food. The court found that the organizations had sufficiently stated their claim under the APA and had standing to sue. “The agency’s unilateral action to allow compost contaminated with pesticides in organic production was contrary to federal rulemaking requirements as well…
Friends of the Earth (FOE) has released a report claiming that so-called food and agriculture industry front groups use covert tactics to influence the public discourse around agriculture, organic production and sustainability, and genetically modified organisms (GMOs). Titled Spinning Food: How Food Industry Front Groups and Covert Communications Are Shaping the Story of Food, the report alleges that these front groups not only co-opt blogs, social media and other seemingly independent platforms to spread PR messages on behalf of industry, but ally with third-party outlets—such as National Geographic and The New York Times—to create “an echo chamber of industry talking points on anti-GMO labeling, attacks on organic agriculture and a defense of agrochemicals.” “Rather than responding to changing market demands by shifting the way they do business, these companies are trying to preserve market share and win key policy battles by using ‘tobacco-style’ PR tactics,” opines the report. “While the…
A group of consumers has filed a putative class action against Abbott Laboratories, Inc. alleging the company misrepresents its Similac Advance® Organic Infant Formulas because several of the ingredients are banned by federal law from use in food labeled “organic.” Marentette v. Abbott Labs., Inc., No. 15-2837 (E.D.N.Y., filed May 15, 2015). The plaintiffs challenge the products’ inclusion of beta carotene, biotin, taurine and lutein, among several other ingredients, and additionally assert that “at least one ingredient in these infant formulas is produced using genetically engineered materials—a practice forbidden in organic foods.” The complaint contends that Abbott knew that consumers would pay more for organic products and willfully misled them. The plaintiffs seek class certification, damages and an injunction for alleged violations of New York and California consumer-protection statutes, unjust enrichment and breach of warranty. Since the complaint was filed, Abbott has begun offering a version of Similac Advance® manufactured…
The Center for Science in the Public Interest (CSPI) has threatened to bring lawsuits against Plum Organics and Gerber Products Co. for allegedly deceptive trade practices in the marketing and labeling of their food products for babies and toddlers. In its May 11, 2015, letter addressed to Gerber and its parent company Nestlé S.A., CSPI notes that the company labels several of its products in the 2nd Foods, 3rd Foods and Graduates lines “as being composed of certain healthful ingredients, when, in fact, the Products contain substantial amounts of other less healthful, less valuable ingredients, such as apple juice, that are not identified at all on the [principal display panel].” Similar allegations appear in the letter addressed to the heads of Plum Organics concerning the company’s baby food and 4 Essential lines. The letters assert that both companies market the products as containing high amounts of “healthful, high-value ingredients, such…
A New York federal court has granted in part and denied in part a motion to dismiss a lawsuit alleging that Hain Celestial’s Earth’s Best® food and body-care products are deceivingly labeled as “organic,” finding that the Organic Foods Production Act (OFPA) does not preempt the plaintiffs’ claims. Segedie v. Hain Celestial Grp., No. 14-5029 (S.D.N.Y., order entered May 7, 2015). The plaintiffs challenged 69 food products and 20 body-care products labeled “organic,” “natural” or “all natural,” arguing that they contain ingredients inconsistent with the company’s claims. In assessing precedent on preemption, the court found that a federal agency’s approval of a label does not bar any challenge to that label. The court also determined that the plaintiffs’ claims were legally sufficient as to both the “organic” and “natural” challenges. Hain argued that the ingredients in question were subject to an exemption under OFPA because they were nutrient vitamins or…
The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service has proposed revisions to the origin of livestock requirements that govern the transition of dairy animals to organic production. Clarifying that a producer can transition dairy animals into organic production only once, the amendments would ensure that “after completion of this one-time transition, any new dairy animals that a producer adds to a dairy farm would need to be managed organically from the last third of gestation or sourced from dairy animals that already completed their transition into organic production.” The proposed rule also includes provisions for the management of breeder stock on organic livestock farms. “This proposed rule would create greater consistency in the implementation of a standard for the transition of dairy animals into organic production and for the management of breeder stock,” explains AMS in an April 28, 2014, Federal Register notice. “This proposed rule would update the regulation…
