A complaint against the maker of Tabatchnick soups that alleged the company’s products could not be called “natural” because they contain genetically modified organisms (GMOs) has been voluntarily dismissed. Ramsaran v. Tabatchnick Fine Foods, Inc., No. 17-60794 (S.D. Fla., dismissed June 9, 2017). The plaintiff had argued that he relied on the company’s “all natural” representations when he bought the company’s prepackaged soups but later learned that they contain GMO soy, corn or canola. Additional details appear in Issue 632 of this Update. Issue 638
Tag Archives prepackaged foods
The U.S. Court of Appeals for the Second Circuit has reversed a lower court’s dismissal of a proposed class action alleging Whole Foods Market Group, Inc. overcharges for prepackaged foods. John v. Whole Foods Mkt. Grp., Inc., No. 16-0986 (2nd Cir., order entered June 2, 2017). The plaintiff alleged that he routinely purchased prepackaged foods at two Whole Foods stores in Manhattan but learned that a New York City Department of Consumer Affairs (DCA) investigation had found systematic overcharging for some foods. Details on the lower court’s dismissal appear in Issue 596 of this Update. The Second Circuit held that the lower court dismissed the case prematurely because the plaintiff did not need to prove the accuracy of the DCA report or defend its methodology at the pleading stage; he was required only to plausibly allege that he overpaid for at least one product, which satisfies the “low threshold” required…
The U.S. Food and Drug Administration (FDA) has published draft guidance “that provides practical, voluntary sodium reduction targets for the food industry.” Titled ‘‘Voluntary Sodium Reduction Goals: Target Mean and Upper Bound Concentrations for Sodium in Commercially Processed, Packaged, and Prepared Foods,” the guidance sets short- and long-term sodium targets for the following food categories: (i) cheese; (ii) fats, oils and dressings; (iii) fruits, vegetables and legumes; (iv) nuts and seeds; (v) soups; (vi) sauces, gravies, dips, condiments and seasonings; (vii) cereals; (viii) bakery products; (ix) meat and poultry; (x) fish and other seafood; (xi) snacks; (xii) sandwiches; (xiii) mixed ingredient dishes; (xiv) salads; (xv) other combination foods; and (xvi) baby/toddler foods. “Our goal is to promote gradual, efficient voluntary reduction of overall sodium content using effective and sustainable strategies that maintain other measures of nutritional quality,” states the agency in its guidance. “The extent and speed of reduction will…
The fourth edition of a Center for Science in the Public Interest (CSPI) survey has reported a 4-percent reduction in sodium across 451 packaged and restaurant foods over a 10-year period. Titled “Salt Assault: Brand-name Comparisons of Processed Foods,” the report claims that, on average, surveyed items reduced their sodium content by 41 milligrams per 100 grams of product. The consumer watchdog notes, however, that many products still have room to make additional reductions. Citing “dramatic variations in sodium content across different brands of a given food,” the report singles out products in the canned diced tomato, whole wheat bread and ketchup categories—among others—for further improvement. In particular, CSPI urges the U.S. Food and Drug Administration (FDA) and Department of Agriculture to not only set mandatory sodium limits for processed and restaurant foods, but require warning labels on those that are high in sodium. “For 40 years, the food industry has…
A New York federal court has dismissed a putative class action alleging Whole Foods Market Group overcharged its customers for some prepackaged foods, finding that the plaintiffs failed to specify any particular transactions in which the grocer overcharged them. In re Whole Foods Mkt. Grp., Inc. Overcharging Litig., No. 15-5838 (S.D.N.Y., order entered March 1, 2016). The complaint was filed after the New York City Department of Consumer Affairs (DCA) announced the results of its investigation into “systemic overcharging” at Whole Foods stores across the city. The plaintiffs alleged that they “regularly purchased”—“one or two times per month”—pre-packaged products from Whole Foods that the DCA identified in its press release, including cheese, cupcakes and chicken fingers. The court took issue with the plaintiffs’ reliance on the DCA press release, finding that its “statements fall very far short of reporting an investigative finding of ubiquitous, systematic over-weighting at Whole Foods’ New…
The American Bakers Association and a number of other industry trade associations have submitted a citizen petition to the Food and Drug Administration (FDA) seeking regulations that would exempt those businesses engaged in storing packaged foods from hazard analysis and prevention controls applicable to food producers and processors. The petition notes that under the Food Safety Modernization Act (FSMA) Congress allowed FDA to implement its food safety provisions “in a manner that acknowledges the difference in risk posed by various types of operations.” Claiming that “storage facilities themselves pose a very limited, if any, food safety risk,” the petition notes that any potential hazards in warehouses are already addressed through existing good manufacturing practices governing warehousing and distribution facilities. The petitioners, including the Grocery Manufacturers Association, International Bottled Water Association, and Snack Food Association, seek a rule that would state, “A facility that is engaged solely in the storage, holding,…
A Florida resident has alleged in a putative class action that Kraft Foods and Hormel Foods deceive the public by selling their prepackaged retail sandwich meat products in a way that suggests they contain far less fat than they actually do. Kuenzig v. Kraft Foods, Inc., No. 11-00838 (M.D. Fla., filed April 18, 2011). The companies allegedly state on their product labels that the sliced ham, turkey and other deli-style meats are 95, 96, 97, or 98 percent fat-free and juxtapose this information with a calorie count per serving. According to the plaintiff, this leads consumers to believe that of the 50 calories in a serving, for example, less than 5 percent comes from fat. Because the products could actually derive one-half of their calories from fat, the plaintiff contends that health-conscious consumers “will continue to be surprised to learn that Products they’ve purchased—and perhaps have repurchased for years—are about ten…
