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Food Liability Law Blog

Discussion of emerging legal threats to the food industry.
By Kenneth Odza

Post Frequency: 2.2/day

Last Entry: August 19, 2016 at 16:09:48

Where to Eat in Dodgy Places: Advice from a Real World Traveller

Posted on January 22, 2010
Joel Putnam is a world traveller in his early 20's. He recently reached Africa, his seventh continent in his travels around the world. As is typical of his generation (he is, in the interests of full disclosure, a friend of my son), he is blogging about it...

Hold the Salt: The Gathering Push for Sodium Reduction in Food Products

Posted on January 15, 2010
By Guest Blogger Tyler Anderson The issue of sodium content in food has been a hot topic in recent months, as our own Ken Odza has blogged about in reporting on the class action lawsuits filed against Denny's in New Jersey and Illinois. Now the New York City Department of Health and Mental Hygiene is addressing the issue...

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

Posted on January 08, 2010
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...

Dairy Industry Moving Towards A Sustainable Future: MOU with USDA Signed

Posted on January 06, 2010
By Guest Blogger Joel Dahlgren The dairy industry continues to move forward with its objectives of creating a sustainable future and of responding to concerns for green house gas emissions. On December 15, 2009, Secretary of Agriculture Tom Vilsack and Thomas Gallagher, CEO of Innovation Center for U...

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Consumer Fraud Claims: Examples of Good and Bad Motion Practices

Posted on January 04, 2010
The Good: Tropicana recently brought a motion to dismiss the Zupnik putative consumer fraud class claims pending against it. Zupnik alleges that Tropicana misled consumers in the promotion of its 'Pure 100% Juice Pomegranate Blueberry Flavored Blend of 5 Juices from Concentrate with other Natural Flavors' because its front label did not include pictures of fruits other than pomegranates and blueberries...

The Ninth Circuit's iPod Opinion and the Warranty of Merchantability

Posted on December 31, 2009
The warranty of merchantability is a favorite tool of plaintiff's attorneys in food liability cases. We have blogged a good deal about it. In a case that does not involve food at all, but is sure to get a lot of publicity, the Ninth Circuit yesterday ruled that the common iPod does not breach the warranty of merchantability even if it can be used to damage your ear while wearing ear buds...

Who Ordered the Christmas Pudding? Please Sign Here

Posted on December 29, 2009
Christmas pudding is an English delicacy with a long tradition. One of those traditions is that small coins or little silver charms are baked into the pudding, which are supposed to be sources of good luck for the coming year. Small coins and little silver charms, of course, can be swallowed or can crack teeth...

Food Liability 2010: More of the Same and Landmark Change?

Posted on December 22, 2009
We're in the 'crystal-ball' season—time to look forward and assess what's coming in 2010 and beyond. The most likely scenario: more of the same and landmark change. More of the Same The last few years have seen growth in both the number of food-borne illnesses detected and the variety of foods affected...

New Reporting Requirements For Companies That Make Payments to Medicare Recipients in Personal Injury Lawsuits or Workers' Compensation Claims

Posted on December 10, 2009
By Guest Blogger Emily Grande A few weeks ago, I attended the Grocery Manufacturer Association's webinar on Consumer Complaint Management – Current Issues and Effective Procedures. One important topic covered was the new Medicare reporting requirements for self-insured companies that are defendants in personal injury lawsuits or that are paying workers' compensation claims...

The Wall Street Journal on "Bagel-Related Injuries"

Posted on December 02, 2009
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...

Levine v. Vilsack: The Ninth Circuit Rules the Humane Methods of Slaughter Act Provides No Remedy

Posted on December 01, 2009
When Congress passes a statute and the Secretary of Agriculture issues a notice in the Federal Register interpreting the statute, it might seem self-evident that someone who believes that interpretation is wrong can appeal that interpretation in court and get a judgment on the merits...

Donate Food Generously and With Immunity

Posted on November 24, 2009
By Guest Blogger Matti Neustadt Storie It's that time of year again – time to be thankful for all that we have and to reflect on those who don't have as much. Many people consider working at soup kitchens and donating to local food banks as a way to help...

New York Times on the Rise in Unfair Competition Claims: Challenging Competitors' Advertising Is Increasingly an Important Part of an Overall Marketing Strategy

Posted on November 23, 2009
Stephanie Clifford wrote over the weekend in the New York Times about what's behind the increase in unfair competition claims. Ms. Clifford reports: The number of complaints over ads from competitors filed with the National Advertising Division of the Council of Better Business Bureaus, the industry's main self-regulatory program for national ads, is on track to set a record this year...

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

Posted on November 20, 2009
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...

Oil and Water Meet Caffeine and Alcohol: FDA to Look into Safety of Caffeinated Alcoholic Beverages

Posted on November 16, 2009
By Guest Bloggers Tyler Anderson and Stephanie Meier On November 13, the FDA notified nearly 30 manufacturers of caffeinated alcoholic beverages that the agency intends to look into the safety and legality of their products. As the FDA explained in a news release announcing this action, under the Federal Food, Drug, and Cosmetic Act any substance intentionally added to food, in this case caffeine in alcoholic beverages, is deemed unsafe and is unlawful unless its specific use has been approved by an FDA regulation, the substance is subject to a prior sanction, or the substance is Generally Recognized as Safe (GRAS)...

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

Posted on November 16, 2009
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...

Delio v. McDonald's Corp.: The Connecticut Grilled Chicken Case

Posted on November 12, 2009
It took our intrepid docket clerk a few weeks of digging, and finally contacting the plaintiffs' counsel directly, to get a copy of the complaint in Delio v. McDonald's Corp., a case filed in Superior Court in Hartford County, Connecticut on October 6...

Hurdles Faced By Plaintiffs In Class Action Lawsuit for Sale and Marketing of Cold and Flu Medications Containing Vitamin C

Posted on November 11, 2009
By Guest Blogger Tyler Anderson On November 2, we blogged about the FDA warning letter issued to Procter and Gamble for its unlawful marketing of Vicks cold and flu medications containing Vitamin C. On November 4, 2009, a putative class action lawsuit was filed against Procter and Gamble in the U...

Take-Aways from November 3 Webinar: Making Good Marketing Claims: Product Labeling Pitfalls, Third-Party Certification and "Green Washing"

Posted on November 05, 2009
Tuesday, November 3, we held our second webinar in a three-part series on bringing sustainable food products to market. Thanks again to our presenters and attendees. The recorded webcast was archived and is accessible at this link. Click here to access a PDF copy of the presentation slides...

From Onions to Chicken Soup: The Wall Street Journal Weighs in On Home Flu Remedies

Posted on November 04, 2009
Melinda Beck has a terrific article in today's Wall Street Journal about home remedies for the H1N1 virus and (as we have previously blogged) the FDA's efforts to reign in those making unsupported marketing claims for their remedies. One remedy sweeping the blogosphere like wildfire is the use of onions to soak up flu bugs...

Marketing Missive: FDA Issues Warning Letter to Procter and Gamble for Unlawfully Marketing Cold and Flu Medications Containing Vitamin C

Posted on November 02, 2009
By Guest Blogger Tyler Anderson On October 29, 2009, the FDA issued a warning letter to Procter and Gamble notifying the company that its 'Vicks DayQuil Plus Vitamin C' and 'Vicks NyQuil Plus Vitamin C' are illegally marketed combinations of drug ingredients and a dietary ingredient...

Some Take-Aways from ACI's 3rd National Forum on Food-Borne Illness Litigation

Posted on November 02, 2009
American Conference Institute (ACI) recently held its latest conference on food-borne illness litigation. The conference has been a fairly intimate gathering of the nation's lawyers, insurers and experts involved with food-borne illness litigation. This year, I had the privilege of moderating an in-house counsel 'think tank...

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

Posted on October 29, 2009
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 Table Is Set For Class Action Litigation Over the Use of Smart Choices Labeling

Posted on October 23, 2009
By Guest Blogger Troy Hutchinson In response to recent consumer complaints and state attorney general investigations that the use of the Smart Choices label is misleading and deceptive, food companies now face the threat of consumer class action litigation under state fraud and deceptive practices statutes...

Take-Aways from October 20 Webinar: Defining Sustainability and Getting Started

Posted on October 21, 2009
This week kicked off the three-part webinar series on bringing sustainable food products to market. Thanks to our presenters and attendees. The recorded webcast was archived and is accessible at this link or by clicking the image at the bottom of this blog entry...

Preemption v. Plausibility: Will There Be More or Fewer Successful Consumer Fraud Suits?

Posted on October 20, 2009
Products Liability Law360 ran a piece this week entitled 'Suits Over Deceptive Food Marketing Likely To Increase' (unfortunately, this is a subscription-only site) authored by Liz McKenzie. The article discusses rightly how increased FDA enforcement action may lead plaintiffs attorneys to file 'piggy-back' putative class actions...

FDA's Searchable Widget for Fraudulent H1N1 (Swine) Flu Products

Posted on October 15, 2009
Ken has previously blogged about liability issues relating to H1N1 flu, also known as swine flu. Today, the FDA has issued a widget to allow employers, consumers and others to browse and search fraudulent H1N1 influenza products and report suspected fraud...

Jim Prevor Deconstructs CSPI's List of "Ten Riskiest Foods"

Posted on October 09, 2009
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 much says everything about the list that we would say, so I'm just linking to his article...

Comment On Recent New York Times E. Coli and Beef Article: How Retailers Can Protect Themselves

Posted on October 06, 2009
Co-Authored By Guest Blogger Scott Hansen According to its website, last Sunday's New York Times article on E. coli and beef is among the most widely read pieces published by the newspaper this week. The article tells the story of a 22-year-old Minnesota dance instructor who was left paralyzed after being infected with a strain of E...

Monty Python and the Food Recalls

Posted on July 10, 2009
One of Monty Python's most imitated sketches was "The Four Yorkshiremen." Even if you've never seen it, it will be instantly recognizable to you. It's the one where four men sit around talking about how tough they had it as kids, compared to how kids have it today...

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