A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
JUDICIAL: Includes food labeling
In IN RE KIND LLC “HEALTHY & ALL NATURAL” LITIG., No. 15-MC-2645, 2022 WL 4125065 (S.D.N.Y. Sept. 9, 2022), the U.S. District Court for the Southern District of New York considered whether KIND LLC properly labeled their products with as “All Natural.” The plaintiffs in this case claim that KIND’s “All Natural” label on its products is misleading. According to the court, in order for plaintiffs to prove a product’s label is misleading, they must show that a “significant portion of the general consumer public or of targeted consumers, acting reasonably in the circumstances, could be misled.” Thus, the plaintiffs in this case would have to provide evidence demonstrating a reasonable consumer’s understanding of “All Natural” and that KIND’s products fall outside this understanding.
The court found in the plaintiffs were unable to determine a reasonable consumer’s definition of “All Natural,” partly because FDA has not yet established regulations regarding the use of the term on product labels. Additionally, the plaintiffs’ own statements reveal there is a diversity of views and not a clear consensus on the term. Because the plaintiffs were unable to establish a reasonable consumer’s understanding of “All Natural,” the court granted the defendant’s motion for summary judgment and decertified the class of plaintiffs.
LEGISLATIVE: Includes Alaska
ALASKA
HB 298 establishes forgivable loan programs for farm development and improvement and for certain meat processing facilities and authorizes the state’s department of natural resources to establish a program of state inspection for processing and sale of meat products. Info here.
REGULATORY: USDA, FWS, FDA, FSIS, NOAA
FISH AND WILDLIFE SERVICE
Notice inviting the public to comment on applications to conduct certain activities with foreign species that are listed as endangered under the Endangered Species Act. Info here.
FOOD AND DRUG ADMINISTRATION
Notice announcing the availability of FDA’s most recent periodic reassessment of the definition of “small number of animals” for minor use in major species. FDA is also announcing that the small number of animals upper limit thresholds (small numbers) for horses and the food-producing major species (cattle, pigs, turkeys, and chickens) will remain the same. Info here.
FOOD SAFETY AND INSPECTION SERVICE
Notice announcing that Lithuania is eligible to export egg products to the United States. Info here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Notice announcing that NOAA/NMFS received a request from the Virginia Electric and Power Company, also known as Dominion Energy Virginia, for authorization to take small numbers of marine mammals incidental to the development of the Coastal Virginia Offshore Wind Commercial Project. Info here.
Notice announcing that NOAA/NMFS has received a request from the California Department of Fish and Wildlife for the re-issuance of a previously issued incidental harassment authorization (IHA) with the only change being effective dates. The initial IHA authorized take of Pacific harbor seals (Phoca vitulina) incidental to the Elkhorn Slough Restoration Project. Info here.
UNITED STATES DEPARTMENT OF AGRICULTURE
Notice establishing the Fiscal Year 2023 (October 1, 2022—September 30, 2023) in-quota aggregate quantity of certain sugars, syrups, and molasses (also referred to as refined sugar) at 222,000 metric tons raw value. Info here.