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

Judicial: Includes Food Labeling

In HAWA KAMARA v. PEPPERIDGE FARM, INCORPORATED, No. 20-CV-9012 (PKC), 2021 WL 5234882 (S.D.N.Y. Nov. 9, 2021), the court determined whether defendant’s use of “Golden Butter” as a product name was misleading or deceptive. The court found that when the ingredients list confirms that the prominently mentioned ingredient is a top ingredient, courts have concluded that the complaint does not plausibly allege a deceptive statement. In this case, the court held that the packaging accurately indicated that the product contained butter, and the ingredients list confirmed that butter predominated over other oils and fats. The plaintiff did not allege why a reasonable consumer would understand the phrase “Golden Butter” to mean that “wherever butter could be used in the Product, it would be used instead of using its synthetic substitute, vegetable oil.” Because of this, the court held that the plaintiff failed to plausibly allege that a reasonable consumer would be misled by the packaging’s prominent use of the term “Golden Butter.” Plaintiff’s claims for negligent misrepresentation, breach of implied and express warranty, and fraud were all dismissed for similar reasonings. The court concluded that the plaintiff did not plausibly allege that the packaging was deceptive or misleading.

LEGISLATIVE: Includes United States, Transportation/Infrastructure

UNITED STATES

H.R. 3684 is a federal infrastructure bill which provides funding to highway, transit, highway safety, motor carrier, research, hazardous materials, and rail programs of the Department of Transportation. Info here.

REGULATORY: FWS

FISH AND WILDLIFE SERVICE

Final rule announcing that FWS is listing the Atlantic pigtoe, (Fusconaia masoni), a freshwater mussel species from Virginia and North Carolina, as a threatened species with a rule issued under the Endangered Species Act. FWS also designates critical habitat for the species under the Act. Info here.

Notice announcing that FWS has issued permits to conduct certain activities with marine mammals. FWS issues these permits under section 104(c) of the Marine Mammal Protection Act. Info here.