A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.

Judicial: Food Labeling

In JASON SCHOLDER, on behalf of himself & all others similarly situated v. SIOUX HONEY ASSOCIATION COOPERATIVE, No. CV 16-5369 (GRB), 2022 WL 125742 (E.D.N.Y. Jan. 13, 2022), the court considered whether the defendant’s labeling of their honey product was misleading. The Sioux Honey product label contains the words “Pure” and “100% Pure.” Plaintiff claimed that these labels were misleading because the honey contained the biocide glyphosate. Plaintiff alleged claims under New York State’s consumer protection statutes prohibiting deceptive business practices and false advertising, as well as common law claims for breach of express warranty and unjust enrichment based on alleged misrepresentations

Under the New York General Business Law deceptive acts and practices in the conduct of any business, trade or commerce or in furnishing of any service is prohibited. A deceptive act or practice is one that is likely to mislead a reasonable consumer acting reasonably under the circumstances. The court found that a reasonable consumer could be misled into believing a product labeled “Pure” or “100% Pure” contained no contaminants. The court held that the plaintiff plausibly alleged that defendant engaged in consumer-oriented activity that was materially misleading. The court found that plaintiff’s claim for unjust enrichment was plausibly alleged. However, plaintiff’s express warranty claim and requests for injunctive relief were dismissed.

REGULATORY: EPA, FDA, NOAA

ENVIRONMENTAL PROTECTION AGENCY

Final rule establishing tolerances for residues of ethaboxam in or on Brassica, leafy greens, subgroup 4-16B and Vegetable, Brassica, head and stem, group 5-16. The Interregional Research Project Number 4 (IR-4) requested these tolerance actions under the Federal Food, Drug, and Cosmetic Act. Info here.

FOOD AND DRUG ADMINISTRATION

Notice soliciting comments on the information collection provisions of FDA’s recordkeeping and registration requirements for shell egg producers. Info here.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Proposed rule proposing to prohibit the use of wire leaders in the Hawaii deep-set longline fishery, and require the removal of fishing gear from any oceanic whitetip shark caught in all of the region’s domestic longline fisheries. Info here.

Proposed rule proposing to modify the allocation of Gulf red grouper catch between the commercial and recreational sectors as well as revise sector annual catch limits and annual catch targets. Info here.