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

Judicial: Food Labeling, Bankruptcy, Rulemaking

In MANDELL MITCHELL, individually & on behalf of all others similarly situated, Plaintiff, v. WHOLE FOODS MARKET GROUP, INC., Defendant., No. 20 CIV. 8496 (ER), 2022 WL 657044 (S.D.N.Y. Mar. 4, 2022), the court determined whether defendant’s labeling of their ice cream bars was misleading because the bars’ coating contained vegetable oil. The plaintiff argued that the words chocolate and dipped in organic chocolate were misleading because they implied that the product coating did not contain any vegetable oil. The court found that the word chocolate does not convey a specific representation about the source of the chocolate flavor. The court also found that a reasonable consumer would not be misled into believing that the product’s coating did not contain any vegetable oils. The court granted defendant’s motion to dismiss.

In In re Weed, No. 8:20-BK-01122-MGW, 2022 WL 601119 (Bankr. M.D. Fla. Mar. 1, 2022), the court had to determine whether debtor’s property was a homestead. Debtor had a parcel of land where they resided for 20 years. Almost all of the acres were for farming operations. Debtor filed for bankruptcy and claimed the property as exempt homestead. The issue was whether the homestead exemption could extend to the portion of the property being used for farming. The court held that because the debtor had lived at her property since at least 2013 and had the intent to remain there permanently, the debtor was entitled to claim her property as exempt homestead even though she used it for farming operations.

In CENTER FOR ENVIRONMENTAL HEALTH, et al., Plaintiffs, v. THOMAS VILSACK, et al., Defendants., No. 18-CV-01763-RS, 2022 WL 658965 (N.D. Cal. Mar. 4, 2022), the court considered the USDA’s voluntary request for remand for further rulemaking of the Organic Livestock and Poultry Practices (“OLPP”) Rule. Plaintiffs argued that withdrawal of the OLPP Rule violated the Organic Foods Production Act (“OFPA”). The court found that the prejudice that plaintiffs complained of was not severe enough to justify deviating from the general rule allowing remand. The USDA’s motion for voluntary remand was granted. The court then considered whether vacatur was appropriate. The court held that vacatur would create harms so the motion to remand was granted without vacatur.

REGULATORY: FSA, FWS, NOAA, RHS

FARM SERVICE AGENCY

Final rule amending the Farm Loan Programs regulations to implement certain provisions authorized by the 2018 Farm Bill. Info here.

FISH AND WILDLIFE SERVICE

Notice announcing the FWS issued permits to conduct certain activities with endangered species. Info here.

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

Notice announcing amendments to the Fishery Management Plans for Reef Fish Resources and the Red Drum Fishery of the Gulf of Mexico. Info here.

RURAL HOUSING SERVICE

Notice announcing that the RHS is accepting pre-applications for grants to improve, repair, or make modifications to existing off-farm labor housing properties for fiscal year 2022. Info here.