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Welcome to our monthly digest of litigation and regulatory
highlights impacting the food and beverage industry. February saw
another win for industry on the vanilla front, a preemption win in
California state court, and FDA continuing with COVID-19-related
warning letters and foreign supplier verification enforcement.
Let s take a look..
Litigation
Industry scored another win on the vanilla front when a New York
federal judge
tossed out a class action alleging that Oregon Chai misleads
consumers into thinking that its tea mixes contain real vanilla,
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Welcome to our monthly digest of litigation and regulatory highlights impacting the food and beverage industry. February saw another win for industry on the vanilla front, a preemption win in California state court, and FDA continuing with COVID-19-related warning letters and foreign supplier verification enforcement. Let’s take a look….
Litigation
Industry scored another win on the vanilla front when a New York federal judge tossed out a class action alleging that Oregon Chai misleads consumers into thinking that its tea mixes contain real vanilla, noting that there is little differentiating the plaintiff’s case from others that were dismissed on the basis that consumers see vanilla as a flavor but not necessarily as an ingredient. The judge also noted that there was nothing on packaging that suggested the predominant or exclusive use of vanilla as flavoring. This win didn’t stop plaintiff’s lawyers from s
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When consumers make grocery store runs to pick up vanilla ice cream or vanilla almond milk, are they concerned with whether the product is derived solely or primarily from vanilla beans versus being simply vanilla flavored? This is the question that multiple courts have had to decide in response to a continuing stream of cases alleging that various food and beverage companies have mislabeled their vanilla products. So far, decisions show that a
plain vanilla approach to referring to vanilla on the product packaging will lead to the tastiest outcome for retailers and manufacturers. One such recent case
USDA, FDA Issue Joint Statement on Transmissibility of COVID-19 on Food Packaging
The U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) have issued a
joint statement stating that “there is no credible evidence of food or food packaging associated with or as a likely source of viral transmission of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), the virus causing COVID-19.” The statement was issued one week after the World Health Organization
reportedly stated that the virus could be transmitted on frozen food packaging.
“The USDA and the FDA are sharing this update based upon the best available information from scientific bodies across the globe, including a continued international consensus that the risk is exceedingly low for transmission of SARS-CoV-2 to humans via food and food packaging. For example, a recent opinion from the