Tag: products

The Case That Makes You Go “Ewww”

A Washington Supreme Court decision, Bylsma v Burger King Corp., has decided that in Washington, under the Products Liability Act, an individual who claims damages for emotional distress in the absence of having actually consumed a product may bring a suit for damages. Other than proving "objective symptomology", the seller of that product will have no defense to the action.… Continue Reading

Defeating a Consumer Fraud Putative Class Case Early

Last week at the DRI products liability conference in New Orleans, Lara White from Adams and Reese and I presented "Regulatory Compliance Alone Is Not Enough: Understanding and Mitigating Consumer Fraud Claims." Our presentation dealt with putative class claims aimed at the marketing and labeling of food products. A link to the slide-deck can be … Continue Reading

Cleaning Up the Docket – Northern District of California Dismisses Lanham Act Claim Alleging Mislabeling of Personal Care Products

As we have blogged about, litigation regarding product labeling has been a hot topic within the food and beverage industry. A recent decision from the Northern District of California could hold interesting implications for Lanham Act claims centering on the labeling of products as “organic.” While the case, One God Faith, Inc. v. Hain Celestial … Continue Reading

The Wall Street Journal on “Bagel-Related Injuries”

Where I grew up, there was a bagel bakery, or "bagel factory" as we called them, in every strip mall.  One of them was owned by the husband of my high school English teacher, and one day in class she demonstrated to us proper bagel sliciing technique.  It must have made an impression, because I remember … Continue Reading

Tomorrow’s (11/17) Webinar on Mitigating the Legal Risks of Sustainable Food Products

Please join me, Steve Marinkovich from Propel Insurance, my colleague at Stoel Rives, Anne Glazer, and Peter Truitt, CEO of Truitt Bros., Inc. tomorrow, November 17, at 9 am PST, noon EST, (live Twitter feed at #sustainlaw) for the last webinar in our 3-part series on Bringing Sustainable Food Products To Market.  Register here. We will discuss (and … Continue Reading

Sodium Putative Class Action Suits to Become Epidemic?

Following the putative class suit filed last month in New Jersey by the Center for Science in the Public Interest (CSPI) against Denny’s, a similar suit was filed in Illinois (apparently CSPI is not directly involved in this action). The Illinois complaint can be found here. Like the New Jersey complaint, the Illinois action alleges … Continue Reading

Before the Outbreak, Preapprove Defense Counsel with Insurer

When a food-borne illness outbreak happens, few food companies (especially those whose brand is at stake) want an unfamiliar defense lawyer who has little knowledge about food-borne illness responding to claims asserted against them. Unless a food company maintains a high, self-insured retention or has the lawyer of its choosing preselected, its insurer might appoint … Continue Reading

Monty Python and the Food Recalls

The recent tuna recall in New England was quite simple compared to the complexities presented by the Plainview Milk Products Cooperative recall of nonfat dry milk, fruit stabilizers, whey protein and gum products distributed over the past two years. Such a recall, particularly where it involves stable food products that are placed in such items as emergency food kits and MREs for the military, presents grave problems. Even the government's current initiatives to help with traceability may not be able to solve these problems in future recalls. And the recall may not even have identified the actual source of salmonella that was found in a USDA test.… Continue Reading

A Reminder To Review Insurance

Law 360 has an article up this week titled “Coverage May Be Tricky For Food Recalls.” I am among the lawyers quoted in the article. For me, the takeaway is that any food company should have in place a strong team of insurance coverage counsel and brokers. Food companies need to ensure that they have in … Continue Reading

Secretary of Agriculture Emphasizes Safety of U.S. Pork

Secretary of Agriculture Tom Vilsack issued a statement today emphasizing that U.S. pork products are safe and that there is no evidence that U.S. swine have been infected with the swine flu virus. Calling trade restrictions on pork or pork products unnecessary, Vilsack said any such restrictions would be inconsistent with World Organization for Animal … Continue Reading

Michigan Company Announces Frozen Pasta Recall

A Michigan maker of frozen pasta products has issued a recall for products that were distributed to seven states. Canton, Mich.-based Mucci Food Products is recalling an undetermined amount of frozen meat and poultry pasta products because the food was prepared without federal inspection. The products were produced from May 1, 2008 to April 24, 2009 … Continue Reading

FDA’s Searchable Widget for Peanut Product Recall

UPDATE to the Salmonella-driven peanut product recall: as the number of peanut products recalled continues to rise, the U.S. Food and Drug Administration has created a Web widget that allows users to search for peanut-containing product recalls (see below).  The FDA updates the list as it receives new information from companies that have recalled products. As … Continue Reading
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