Tag: Court

Constitutionality of Vermont’s Recently Enacted GMO Labeling Law Challenged

In a lawsuit filed yesterday, June 12, 2014, in United States District Court for the District of Vermont, four national trade associations representing food producers and manufacturers sued the state of Vermont claiming that the state’s recently passed Act 120, which would require certain food containing ingredients derived from genetically engineered crops to be labeled … Continue Reading

Federal Judge Orders FDA to Address “All Natural” Labeling on GMO Foods

Coauthored by Claire Mitchell and Thomas Woods: California federal courts now appear positioned to lead the way nationally on the issue of whether food products containing genetically modified ingredients, commonly referred to as “GMOs” can be labeled “All Natural.” Just last week a federal judge in Colorado stayed the case of Nicole Van Atta v. General … Continue Reading

Coffee Brewers and Servers Sued Under Prop 65

As we foreshadowed with our blog regarding 60 day notices, the Committee for Education and Research on Toxics (CERT) filed a Proposition 65 enforcement action alleging that ready-to-brew coffee exposes coffee drinkers to acrylamide (a chemical known to the state of California to cause cancer). CERT v. Brad Berry Co., Ltd., No. BC461182 (Cal. Sup. … Continue Reading

Bottled Water Association Sues Over Water Bottle Ads

The International Bottled Water Association (IBWA) is taking aim at an advertising campaign for Eco Canteen stainless steel water bottles, claiming the ads wrongly suggest that plastic water bottles are unhealthy and unsafe. In a lawsuit filed in the U.S. District Court for the Western District of North Carolina, IBWA claims that Eco Canteen’s television … Continue Reading

Judge Denies Class Action Status in McDonald’s French Fry and Hash Brown Litigation

A lawsuit claiming that McDonald’s deceived the public about ingredients in its french fries and hash browns will not proceed as a class action. A federal judge in Chicago has denied the plaintiffs’ motion for class certification, characterizing the proposed class and subclasses as “too indefinite and overbroad.” According to the court’s opinion, the potato suppliers … Continue Reading

Update: Supreme Court Declines Review of Methylmercury Case With Potential Preemption Implications

An update to a case we’ve been following: the U.S. Supreme Court has refused to review a decision by the U.S. Court of Appeals for the Third Circuit involving state-law claims over methylmercury content in canned tuna. The Supreme Court’s order in Tri-Union Seafoods, LLC v. Fellner leaves in place the Third Circuit’s ruling that … Continue Reading

California Appeals Court: No Mercury Warnings Required on Canned Tuna

The California Court of Appeal for the First Appellate District has upheld a trial court ruling that canned tuna sold in California need not warn consumers about methylmercury.   In 2004, the State of California sued three tuna companies: Tri-Union Seafoods, LLC; Del Monte Corporation; and Bumble Bee Foods, LLC. The state argued, among other things, … Continue Reading

Another High-Profile California Labeling Case

Center for Science in the Public Interest (CSPI) recently filed a putative class action in federal court in the Northern District of California claiming that Glacéau’s VitaminWater is mislabeled under California law. This suit comes on the heels of the recent Ninth Circuit decision that remanded the Gerber foods case. We previously discussed the Gerber … Continue Reading

Supreme Court Asked to Hear Preemption Case Involving Methylmercury; FDA Issues Draft Documents Regarding Consuming Commercial Fish

By Guest Blogger Bryan Anderson The maker of Chicken of the Sea products has asked the U.S. Supreme Court to grant certiorari in a case we reported on involving preemption of state-law tort claims. In August 2008, the Third Circuit in Fellner v. Tri-Union Seafoods, LLC reversed the district court and held that Food and … Continue Reading

Supreme Court Denies Certiorari on Salmon Labeling Case

UPDATE to previous blog entries about the California salmon labeling case (Albertsons v. Kanter) - Just yesterday, the U.S. Supreme Court denied certiorari.  The Supreme Court’s ruling followed briefing submitted by the Solicitor General (aka Bush Administration). The Bush Administration  argued in support of the California Supreme Court’s  opinion that claims under state law for alleged mislabeling of salmon are not preempted by federal … Continue Reading

The Latest On The Battle Over Federal Preemption of State Salmon Labeling Claims. . .

  The Supreme Court signaled last fall it may review a California Supreme Court decision finding that federal law does not preempt claims for violations of state consumer protection laws concerning “selling artificially colored farmed salmon without disclosing to . . . customers the use of color additive.” It invited the justice department to comment … Continue Reading

Salmon Labeling Probably Headed to Supreme Court

The U.S. Supreme Court  signaled last week that it may review a California Supreme Court decision finding that federal law does not preempt claims for violations of state consumer protection laws concerning “selling artificially colored farmed salmon without disclosing to . . . customers the use of color additive.” Following a petition for certiorari filed … Continue Reading
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