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

JUDICIAL: Food Labeling

In MIKE KARLINSKI, individually & on behalf of all others similarly situated, Plaintiff, v. COSTCO WHOLESALE CORPORATION, Defendant., No. 1:21-CV-03813, 2022 WL 2867383 (N.D. Ill. July 21, 2022), Defendant sells chocolate dipped vanilla ice cream bars. According to Plaintiff, the product’s labeling is false, deceptive, and misleading to consumers because the chocolate in the ice cream coating is made mostly of vegetable oils rather than mostly or entirely chocolate ingredients made from cacao beans. Plaintiff asserted the following claims on behalf of himself and the class: (1) breach of the Illinois Consumer Fraud and Deceptive Business Practices Act (“ICFA”); (2) breach of express warranty; (3) breach of implied warranty of merchantability; (4) violation of the Magnuson Moss Warranty Act (“MMWA”); (5) negligent misrepresentation; (6) common law fraud; and (7) unjust enrichment. Plaintiff requests monetary damages and injunctive relief. Defendant moved to dismiss the complaint in its entirety for failing to state a claim upon which relief can be granted under Federal Rule of Civil Procedure 12(b)(6). The Court granted Defendant’s motion because Plaintiff failed to allege sufficient facts to show that his definition of chocolate aligns with a reasonable consumer’s expectations.

REGULATORY: EPA, NOAA

ENVIRONMENTAL PROTECTION AGENCY

Final rule establishing establishes an exemption from the requirement of a tolerance for residues of Methylorubrum extorquens strain NLS0042 in or on all food commodities when used in accordance with label directions and good agricultural practices. Info here.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Notice announcing that notice is hereby given that the NMFS made a determination on the Tribal Resource Management Plan (Tribal Plan) submitted by the Northwest Indian Fisheries Commission (NWIFC) on behalf of the Northwest Indian Tribes; the submission fulfills the Tribes’ obligations under the protective regulations promulgated for Puget Sound (PS) Chinook salmon, Hood Canal summer-run (HCS) chum salmon, PS steelhead, and Southern (S) eulachon under the Endangered Species Act (ESA). Info here.

Notice in accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to Park City Wind, LLC (Park City Wind) to incidentally harass marine mammals during marine site characterization surveys offshore of Massachusetts south through Long Island, New York. Info here.