Tag: Foods

Third Circuit Rules that Food Service Management Companies and Distributors are Not Competitors for Robinson-Patman Act Analysis

If a manufacturer is selling the exact same goods to someone else for 59% less than it will sell to you, it would seem natural that you’d pick up the phone and call your lawyer and sue someone, wouldn’t it?  In particular, this would seem to be a classic violation of the Robinson-Patman Act,15 U.S.C. … Continue Reading

Take-Aways from November 17 Webinar: Sustainable Foods Increase Litigation Risks: Developing Strategies to Minimize Exposure

On November 17, we held our final webinar in a three-part series on bringing sustainable food products to market. Take-aways from the third webinar include: • Be aware that "natural" is a hot button when advertising and labeling sustainable food products. • "Sustainable" is not addressed in FTC Green Guides so it is imperative to … Continue Reading

Learn About Who Is Setting Sustainability Standards and How to Make Good Sustainability Claims: Register for the 11/3 Sustainable Foods Webinar

If you haven’t already, register here for the second in a three-part webinar series on environmentally friendly sustainable food products, to be held at 9 am PT, Tuesday, November 3. This installment of the series will focus on sustainability standards, third-party certification and avoidance of “green-washing.” The webinar will feature: FDA regulatory lawyer Ricardo Carvajal from … Continue Reading

Jim Prevor Deconstructs CSPI’s List of “Ten Riskiest Foods”

The Center for Science in the Public Interest has released its list of "Ten Riskiest Foods Regulated by the FDA."  The list has gotten a lot of publicity, particularly because some unexpected foods like potatoes made the list.  Our friend Jim Prevor, the Perishable Pundit, has written a Special Edition of his newsletter that pretty … Continue Reading

Environmentally Sustainable Foods: Dispelling Fear and Understanding That Sustainability Must Be Good for Business

Stoel Rives is proud to sponsor an upcoming webinar series on legal and business aspects of bringing sustainable food products to market. Industry representatives will talk among other things about what sustainable food products are, help dispel the fears of traditional food companies, discuss strategies for minimizing business and litigation risks, and underscore the importance of sustainable foods … Continue Reading

Settlements and Implied Warranties

Article 2 of the Uniform Commercial Code contains powerful tools for buyers and sellers of food and other goods.  A recent case out of the Georgia Supreme Court emphasizes the critical gatekeeper function of the scope section of Article 2, Section 2-102.  This section provides: Unless the context otherwise requires, this Article applies to transactions … Continue Reading

Salmonella in a Different Language

When the news of salmonella in something as American as peanut butter needs to get out, spreading the word is fairly routine.  What happens when salmonella rissen is found in white pepper distributed mainly to Chinese and other Asian restaurants on the west coast? Union Internatonal Food Company of Union City, California has voluntarily recalled … Continue Reading

Pork Producers Feel Effects of Swine Flu

Pork producers are feeling the effects of the swine flu as the number of reported cases of the virus increases.  Stock prices for Virginia-based Smithfield Foods, the world’s largest pork processor, and Arkansas-based Tyson Foods, fell 12 percent and 9 percent today, respectively.  The Wall Street Journal reports that the prices of hogs, corn, and … 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

Maple Leaf Foods: A Case Study in the Persistence of Memory

Maple Leaf Foods is Canada’s largest food processor, and as the name implies, it traces its history a long way with our neighbor to the north.  It has always prided itself on its food safety procedures.  Last year, as was widely reported, more than 20 people all across Canada died from listeriosis traced to one … Continue Reading

Dos and Don’ts for Executives Managing a Crisis

As discussed frequently in this blog, management of an outbreak at its inception determines the course of the crisis (and, in some cases, the fate of the company). The Globe and Mail, in its ongoing coverage of the Maple Leaf Foods Listeria outbreak, today published a helpful punch list of 15 dos and don’ts for … Continue Reading
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