A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
JUDICIAL: Food Labeling
In CHRISTOPHER WARGO, individually & on behalf of all others similarly situated, Plaintiff, v. THE HILLSHIRE BRANDS COMPANY, Defendant., No. 20 CV 8672 (NSR), 2022 WL 1204652 (S.D.N.Y. Apr. 22, 2022), the plaintiff claimed that defendant misrepresented its “Delights English Muffin” as made only or predominately with whole grain. Plaintiffs argue that the products label was misleading because on the front label it stated “made with whole grain” but the primary ingredient was enriched white flour. Under New York General Business Law, the court found that a reasonable consumer could find that the product’s packaging was misleading and believe that the product contained predominately whole grain. The court dismissed all of plaintiffs claims except for the consumer protection claim under the general business law.
LEGISLATIVE: Includes Tennessee
HB 813 enacts the Tennessee Food Freedom Act to specify circumstances when persons may sell certain homemade food products without meeting certain permitting and licensure requirements. Info here.
REGULATORY: EPA, NOAA
ENVIRONMENTAL PROTECTION AGENCY
Notice announcing EPA’s order for the cancellations of pesticides, voluntarily requested by the registrant and accepted by EPA, pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act. Info here.
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
Notice announcing that NOAA/NMFS has received a request from Chevron Products Company for authorization to take marine mammals incidental to 2 years activity of vibratory pile removal associated with the Point Orient Wharf Removal in San Francisco Bay, California. Info here.
Notice announcing that NMFS has issued a revised Letter of Authorization to Equinor Gulf of Mexico LLC, in place of TotalEnergies E&P USA, Inc., for the take of marine mammals, incidental to geophysical survey activity in the Gulf of Mexico. Info here.