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

Judicial: Food Labeling

In JACQUELINE WILLARD & AMIE BLACKMAN v. TROPICANA MANUFACTURING COMPANY, INC., No. 20-CV-01501, 2021 WL 6197079 (N.D. Ill. Dec. 30, 2021), the court considered whether the labeling on various Tropicana products were misbranded and falsely advertised the products. Plaintiffs claimed that the use of malic acid should require Tropicana to add an “artificial flavor” label to its products. The court found that on a motion to dismiss the Plaintiffs’ adequately alleged that malic acid used in the products acts a as a flavor and not just a flavor enhancer.  The court also found that Plaintiffs’ claims that the products were misleading to consumers because of a lack of an “artificially-flavored” disclaimer were not preempted by federal regulations. Plaintiffs also argued that the use of “malic acid” in the ingredient list instead of “dl-malic acid” was improper. However, the court held that this claim was preempted by federal law and dismissed this claim. The only complaint to survive the motion to dismiss was Plaintiffs’ fraud by omission claim under California law because the court could not determine as a matter of law whether FDA regulations required Tropicana to prominently display an artificial flavors disclosure on the products’ front packaging.

REGULATORY: FCA, FWS

FARM CREDIT ADMINISTRATION

Notice announcing FCA will host a meeting on Thursday January 13, 2022 at 9:00 a.m. Because of the COVID-19 pandemic, the public may only virtually attend the open portions of this meeting. If you would like to virtually attend, visit FCA.gov, select “Newsroom,” and then select “Events.” From there, access the linked “Instructions for board meeting visitors.” Info here.

FISH AND WILDLIFE SERVICE

Final rule announcing that FWS is listing the Panama City crayfish (Procambarus econfinae), a terrestrial crayfish species native to Bay County, Florida, as a threatened species under the Endangered Species Act. Additionally, FWS designates critical habitat for the species. Info here.