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Food Liability Law Blog 

Discussion of emerging legal threats to the food industry.
Post Frequency: 2.2/day Last Entry: August 19, 2016 at 16:09:48 Recent Entries: 393
By Kenneth Odza
Go to Food Liability Law Blog, find other Personal Injury Law blogs, or browse all law blogs.
Supreme Court Denies Certiorari on Salmon Labeling Case
Posted on January 13, 2009UPDATE to previous blog entries about the California salmon labeling case (Albertsons v. Kanter) - Just yesterday, the U.S. Supreme Court denied certiorari. The Supreme Court's ruling followed briefing submitted by the Solicitor General (aka Bush Administration)...
What to Do When the Investigators Knock . . .
Posted on January 08, 2009This week brought news of yet another nationwide Salmonella outbreak from a source not yet identified by government regulators. The last time we had a nationwide Salmonella outbreak for an extended period of time without identification of a definitive source the federal government initially singled out tomatoes imported from Mexico (a huge array of products)...
When Is Labeling Misleading and Actionable Under State Law? Is There Any Clearly Understood Standard?
Posted on January 06, 2009A recent Ninth Circuit case again raises serious questions as to whether there are any clearly defined legal standards as to when a food label is misleading and when it’s not. Manufacturers who are in compliance with federal standards for labeling may still be liable under state law...
Happy New Year and Thank You
Posted on January 01, 2009Happy New Year. Thank you for your support, readership and feedback for this site. Since we launched the blog in late February of 2008, the growth in readership has been extraordinary. I'm overwhelmed at the response. My hope is that the blog has provided some measure of assistance to those in the food industry...
Five New Year's Resolutions
Posted on December 31, 2008Unfortunately, 2009 does not promise to be any easier than 2008 in protecting your business against food liability claims. Many argue that threats will only increase in the new year. Here are five things you can do to reduce exposure in the coming year: 1...
The Latest On The Battle Over Federal Preemption of State Salmon Labeling Claims. . .
Posted on December 26, 2008The Supreme Court signaled last fall it may review a California Supreme Court decision finding that federal law does not preempt claims for violations of state consumer protection laws concerning “selling artificially colored farmed salmon without disclosing to ...
Practical Advice for Litigating the Food Case
Posted on December 17, 2008pa href="http://www.foodliabilitylaw.com/uploads/file/ACI Combined [REDUCED].pdf"Click here fornbsp;the slides/a from a presentation I gave recently with a href="http://www.gasswebermullins.com/cgi-bin/site.pl?3208amp;dwContent_contentID=42"Shawn Stevens/a entitled quot;img height="108" alt="" width="100" align="right" src="http://www...
Practical Advice for Litigating the Food Case
Posted on December 17, 2008Click here for the slides from a presentation I gave recently with Shawn Stevens entitled "Practical Advice for Litigating the Case: Retaining Experts, Assessing Damages and Planing Trial Strategy." Two threads of my part of the presentation were organization and relationships (I believe that these were also central to Obama's campaign hence the campaign log)...
Is It A Really Food-Borne Illness?
Posted on December 16, 2008At a recent presentation, Dr. Alan Melnick, a public health officer in both Oregon and Washington, provided a useful list of alternative causes of symptoms to consider when someone claims a food-borne illness. Other causes of symptoms that might be confused for food-borne illness include (but may not be limited to): Irritable bowel syndrome (IBS) Inflammatory bowel disease Malignancies Antibiotic use Gastro-intestinal surgery or radiation Malabsorption syndromes Immune deficiency Another practical piece of advice offered by Dr...
Crisis Management So Simple Even A Pre-Schooler Could Do It. . .
Posted on December 12, 2008Last week’s ACI conference included a great session on crisis management. David Hermann from the GMA gave a presentation on “Effective Crisis Leadership: 5 Basic Rules You Learned as a Kid.” His presentation reflected a proactive approach and showed ways to build an effective crisis-management plan...
2009 Priorities for USDA in Food Safety
Posted on December 11, 2008I just returned from ACI’s Second National Forum on Food-Borne Illness, which included several interesting presentations and discussions. One was by Dan Engeljohn, Deputy Assistant Administrator of the Office of Policy and Program Development at the Food Safety and Inspection Service (“FSIS”)...
Dramatic Shift in Plaintiffs' Burden of Proof for Food-Borne Illness Claims?
Posted on December 04, 2008A 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...
The Billable Hour - Reflections on the CLE
Posted on November 26, 2008I had the privilege of participating as a speaker at the Billable Hour CLE held recently at Seattle University School of Law. As an “outside” counsel, here were some of the most significant things I learned: 1. Clients may find the billable-hour system “frustrating...
More on Melamine . . .
Posted on November 21, 2008I was interviewed recently by Food Innovation Weekly on “Melamine, Recalls and Crisis Management.” This question-and-answer article discusses how the waves of melamine issues circling the globe affect the way a company should think about crisis management...
Registration Still Open For The ACI Food-Borne Illness Litigation Conference in Scottsdale
Posted on November 20, 2008December 4-5 is the American Conference Institute’s 2nd National Forum on Food-Borne Illness Litigation. The first forum turned out to be a very engaging and diverse forum (e.g. plaintiffs lawyers, industry lawyers, top state and federal officials) on emerging issues in food-borne illness...
Nitty-Gritty on Menu Labeling Regulations and What Can Be Done to Stem Consumer Litigation
Posted on November 13, 2008As restaurant chains operating in King County, Washington are readying to comply with the new menu labeling law, serious questions arise. Does each menu item have to be sent to an expensive lab for testing? How accurate does the nutritional information need to be? How does a restaurant account for the inevitable variables of made-to-order meal preparation (an extra tablespoon of cooking oil can add 120 calories to a dish)? Does a restaurant that complies with the King County law open itself to consumer labeling claims because its nutritional information cannot be 100 percent accurate? According to the Seattle Post Intelligencer (“PI”), the question concerning the tools that can be used by a restuarant chain to determine nutritional information may have been resolved in King County...
Breakthrough in Detection of BSE (a.k.a. "Mad Cow Disease")
Posted on November 12, 2008No food-borne illness induces consumer fear like Bovine Spongiform Encephalopathy (BSE a.k.a. "Mad Cow Disease"). The beef industry in particular has gone to great lengths to take preventative steps against the introduction of BSE into U.S. herds...
Preparation for Melamine Issues- Updating Crisis Management Plans and Insurance Coverage
Posted on November 07, 2008While largely under the radar in the American press due to the compelling election cycle and historical meltdown in the financial markets, the news out of China concerning melamine has gone from bad to worse. Concern about Chinese dairies has morphed into a global crisis affecting what seems like an infinite number of products tainted with melamine...
Change You Can Expect: What President Obama May Do About Food-Borne Illness Surveillance
Posted on November 06, 2008The Obama administration has promised sweeping changes in all corners of the federal government. We can expect the new President to push an ambitious legislative and administrative law agenda in 2009. What does this mean for food regulation? A partial answer may be gleaned by looking at the Improving Food-borne Illness Surveillance and Response Act of 2008, a bill Obama introduced last summer after he become the presumptive Democratic nominee...
Another Reminder Why Indemnification and Insurance Requirements Are Important
Posted on October 31, 2008Last month, a state judge in Minnesota awarded summary judgment to a lettuce supplier of restaurants associated with an E. coli outbreak in 2006. The restaurant supplier brought suit against its suppliers. The suit appears to have been based at least in part on an indemnification agreement between Vistar (which delivered lettuce to restaurants) and Bix (which supplied lettuce to Vistar)...
More on Supply Chain Verification and Crisis Management
Posted on October 17, 2008Food Safety Magazine’s latest issue focuses on “Industry in Crisis Mode.” The issue includes an article by Shaun Kennedy, director of the National Center for Food Protection and Defense (NCFPD). Mr. Kennedy provides a good overview of the elements of a supply chain verification program that any food seller should consider...
Court to Rule on Consumers' Expectations For Organic Cosmetics
Posted on October 16, 2008Dr. Bronner’s Magic Soaps (“Dr. Bronner’s”) received a favorable ruling recently in its suit against competitors that it believes are misleading consumers by labeling cosmetic products as “Organic”. Part of Dr. Bronner’s claim appears to be that “Organic” standards established by the U...
Salmon Labeling Probably Headed to Supreme Court
Posted on October 13, 2008The U.S. Supreme Court signaled last week that it may review a California Supreme Court decision finding that federal law does not preempt claims for violations of state consumer protection laws concerning “selling artificially colored farmed salmon without disclosing to ...
The Billable Hour
Posted on October 07, 2008A little off topic - I've been asked to speak at an upcoming CLE program at Seattle University Law School entitled "The Billable Hour: An Examination of Compensation." For those responsible for legal budgets (whether an in-house lawyer managing a budget or an outside lawyer like myself who is working within a budget), this promises to be a provocative conversation...
Some In The Plaintiffs' Bar Favor Irradiation
Posted on October 06, 2008As previously discussed on this blog, the FDA recently approved irradiation for iceberg lettuce and spinach. We pointed out that "irradiation may provide an added level of protection from food-borne illnesses such as salmonella and E. coli...
Forest Through the Trees: Lessons from a Crisis Management Case Study
Posted on October 02, 2008There was a nice article in the Canadian legal publication Law Times about the aftermath of the Maple Leaf Foods recall. The article praises Maple Leaf Foods for taking quick steps to salvage consumer confidence in the face of a Listeria outbreak across Canada...
California Menu Labeling Laws--Restaurants Beware of Asking What Your Customer Wants!
Posted on October 01, 2008Yesterday, California became the first state in the Union to write into law menu labeling requirements. Like municipal ordinances recently enacted in New York City and Seattle, the California law requires certain “chain” restaurants to disclose nutritional information and calorie content information for certain items...
Lessons from Toxic Rice and Chinese Dairies - Threats From Bioterrorism and Supplier Fraud
Posted on September 26, 2008Manufacturer fraud and bioterrorism should be on the radar screen for any food producer. Apart from the meltdown in the U.S. financial markets and presidential politics, the big news this week is toxic rice from Southeast Asia and melamine-tainted dairy products from China...
Anatomy of a Food-Borne Illness Claim - Part I
Posted on September 19, 2008Recently, I’ve received several requests for resources explaining the anatomy of a food-borne illness claim. In other words, what events can be expected, and when? What can or should a company (in particular the legal department) do in response to a claim? Part I – Notice of an Outbreak (and Possible Claims) First off, don’t panic...
New York Times on Nutraceuticals
Posted on September 17, 2008The New York Times has a piece on nutraceuticals that caught my eye as an example of the news media’s skepticism about fortified food. The article begins: “O[ff] the coast of Peru swim billions of sardines and anchovies: oily, smelly little fish, rich in nutritious omega-3 fatty acids...
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Insurance Department Issues Second Annual Ohio Medical Liability Closed Claim Report
COLUMBUS — The Ohio Department of Insurance has issued its secon...
While accident victim recovers $2 million from franchisor on vicarious liability claim
In contrast, Chicken Kitchen USA, LLC recently paid $2 million to...
Mitsubishi Ordered to Pay $11 Million in Products Liability SUV Wrongful Death Case
A Florida jury has ordered Mitsubishi Motors to pay almost $11 mil...
Massachusetts Supreme Court Says Doctor's Liability Goes Beyond Patient
From The Boston Globe today: "BOSTON — A doctor who failed to wa...
New Baptist Covenant Blog
Last week, I pointed to the New Baptist Convenant website, now onl...
Pet Food Recall and Deaths
Dogs and Cats Sickened by Tainted Menu Food Products
How do i go bout geting a free laywer to sue the durham police department for drug raids and nothing is found?they have been in my house 4 or 5 times seems like every 4 months or so and breaking down my door tearing up m
They need a warrant to get into your house...if they never showed you one...you ...
What is comparative negligence and strict liability in tort law?
A. comparative negligence
B. seller sells to buyer
B. defense of ...
Do I have a case against my former employer?
Yes you have a case against them. Walmart just lost a case for several million d...
Suggest a good logistics solutions provider?
Extron had come to our aid in the crucial juncture of our logistics requirements...
Should I hire a lawyer if injured in a car accident even if the other party admits fault and their insurance company is agreeing to pay damages?
If the person that caused an accident admits to liability you don't really need ...

How do i go bout geting a free laywer to sue the durham police department for drug raids and nothing is found?they have been in my house 4 or 5 times seems like every 4 months or so and breaking down my door tearing up m
They need a warrant to get into your house...if they never showed you one...you ...
What is comparative negligence and strict liability in tort law?
A. comparative negligence
B. seller sells to buyer
B. defense of ...
Do I have a case against my former employer?
Yes you have a case against them. Walmart just lost a case for several million d...
Suggest a good logistics solutions provider?
Extron had come to our aid in the crucial juncture of our logistics requirements...
Should I hire a lawyer if injured in a car accident even if the other party admits fault and their insurance company is agreeing to pay damages?
If the person that caused an accident admits to liability you don't really need ...








