This is a follow-up on the entry on VPN Pizza. It results from this interview by a blogger with Eli Colvin, head baker of the MODEL Bakery in California, and Don Sadowsky, whom the interviewer identifies as a "bread pal." Don happens to be my bread pal, too, which is how I found the interview. A … Continue Reading
The Astiana case against Ben & Jerry’s, about which we’ve written here and here, has been voluntarily dismissed. Since the case was no longer a class action, the parties are not required to announce whether any money changed hands and one suspects that there is an ironclad confidentiality agreement around those terms. … Continue Reading
You’ll remember the scene from "Casablanca." Ilse (Ingrid Bergman) comes in and Rick (Humphrey Bogart) says, "Your unexpected visit isn’t connected by any chance with the letters of transit. It seems as long as I have those letters, I’ll never be lonely." That’s sort of how I feel about "all natural" product labeling litigation. So … Continue Reading
Recently, there have been both positive and negative developments in California regarding "All Natural" consumer class action litigation. By way of background, these cases are typically brought under California’s Unfair Competition Law (Bus. & Prof. Code §17200), False Advertising Law (Bus. & Prof. Code § 17500) and Consumer Legal Remedies Act (Civ. Code §1750) regarding … Continue Reading
Although California’s Right to Know Genetically Engineered Food Act, better known as Proposition 37, failed earlier this month when put to a vote, food companies still remain vulnerable to attacks over the use of genetically engineered ingredients in their products. Specifically, it appears that marketing a food as “all natural” when it contains a genetically … Continue Reading
Tomorrow, California voters will be asked to decide the fate of Proposition 37, a voter initiative that would require certain raw and processed foods that have or may have been “entirely or partially produced with genetic engineering” to be labeled as such, if sold in California. Proposition 37 contains a number of exemptions from the … Continue Reading
Recently, I attended the annual American Agricultural Law Association (AALA) Conference in Nashville, TN. A topic on many of the attendees’ minds was California’s Proposition 37 or “The California Right to Know Genetically Engineered Food Act.” A previous discussion of Proposition 37 can be found here. If passed in November, the voter initiative would require certain … Continue Reading
In a letter to leading supermarket chains, Vermont Representative Peter Welch took issue with the packaging and shelf placement of the “All Natural Syrup” line of table syrup produced by Log Cabin. The primary issues raised in Rep. Welch’s letter related to potential customer confusion due to the similar packaging and frequently close shelf placement … Continue Reading
A recent decision held that Front of Package (”FOP”) labeling claims may not (yet) be subject to federal preemption. The decision in a putative class action, Chacanaca v. The Quaker Oats Company, involves what has become a common fact pattern: The FDA says an issue is complex and subject to industry guidance and possibly rule-making … Continue Reading
The quote, "Watch what we do, not what we say," is attributed to John Mitchell, Nixon’s first attorney general. It can apply, however, to the behavior of consumers with respect to shrimp from the Gulf of Mexico, and that will be watched carefully everyone from shrimp fishers to the owners of your local fish market. The FDA … Continue Reading
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
High Fructose Corn Syrup Labeling: Opening the Floodgates For Consumer HFCS Claims? The Third Circuit ruled this week in Holk v. Snapple Beverage Corp., reversing the district court and reinstating the state law putative class claims for consumer fraud and breach of warranty for use of the term “all natural” despite the inclusion of high … Continue Reading
