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

Judicial: Trademark Law

In INTERPROFESSION DU GRUYERE, et al. v. U.S. DAIRY EXPORT COUNCIL, et al., No. 1:20-CV-1174, 2021 WL 6286234 (E.D. Va. Dec. 15, 2021), the court determined whether the term “Gruyere” has become generic for a certain type of cheese and whether it is understood that it refers to cheese which comes from the Gruyère region of Switzerland and France. A term that was once non-generic and conveyed the quality or origins of a good can become generic over time. The court found that the factual record made it clear that the term Gruyere is now a generic term to cheese purchasers in the United States. The court came to that conclusion because FDA regulations allow cheese to be labeled Gruyere regardless of its origin and a large amount of cheese produced in the United States is labeled as Gruyere. Additionally, a large amount of cheese is imported to the United States labeled as Gruyere even thought it did not come from the Gruyère region of Switzerland and France. The court concluded that the purchasing public in the United States view Gruyere as a generic term for a type of cheese and not as cheese from a specific region. The court granted the defendant’s motion for summary judgment.

REGULATORY: EPA, FNS

ENVIRONMENTAL PROTECTION AGENCY

Proposed rule announcing that the EPA is proposing revisions to its pesticide tolerance crop grouping regulations, which allow the establishment of tolerances for multiple related crops based on data from a representative set of crops. Info here.

FOOD AND NUTRITION SERVICE

Notice informing the public of the annual adjustments to the reimbursement rates for meals served in the Summer Food Service Program for Children. Info here.