Tag: tuna

This Email Isn’t Worth the Paper It Isn’t Written On

You know the old expression, variously attributed to Samuel Goldwyn and others, “ a verbal contract isn’t worth the paper it’s written on.”  In fact, of course, unless the statute of frauds applies, an oral contract is as good as any other contract.  And an email contract, under E-SIGN, the Electronic Signatures in Global and … Continue Reading

HFCS Labeling Case: Opening The Floodgates For New Consumer Claims?

The Third Circuit may be close to opening the floodgates of claims against food and beverage manufacturers who use high-fructose corn syrup (“HFCS”) in products labeled “all natural.” Shannon Duffy at the Legal Intelligencer reported recently on a “lively hour-long” oral argument in the Third Circuit about reversing a District Court’s dismissal of state consumer claims against … Continue Reading

Another Recall From a Company That Does the Right Thing

The FDA announced a recall of fresh tuna steaks distributed to Shaw’s, Star Market and Big Y grocery stores by North Coast Sea-Foods Corp. of Boston and New Bedford.  The alleged problem was increased levels of histamine that might cause scombroid poisoning.  The tuna was removed from sale on June 24, but consumers who might … 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

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

Dramatic Shift in Plaintiffs’ Burden of Proof for Food-Borne Illness Claims?

A California Court of Appeal panel recently issued a lengthy decision in Sarti v. Salt Creek Ltd. (2008 WL 5006537)  reversing a trial court’s grant of judgment notwithstanding the verdict  (JNOV) in a food-borne illness case involving campylobacter. Sarti is alarming. The California court substantially lightened the plaintiff’s burden of proof by requiring her to come … Continue Reading

Tuna’s Not Just for Breakfast Anymore – Third Circuit Refuses FDA’s Pleas for Federal Preemption

By Guest Blogger Amena Jefferson (Stoel Rives Summer Associate and UW law student) Federal preemption is on the table once again. The U.S. Court of Appeals for the Third Circuit recently decided Fellner v. Tri-Union Seafoods, No. 07-1238, 2008 WL 3842925 (3d Cir. Aug. 19, 2008). In this case, the plaintiff allegedly fell ill from mercury … Continue Reading
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