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

JUDICIAL: Includes food labeling

In Bell v. Publix Super Markets, Inc., No. 19-2581, 2020 WL 7137786 (7th Cir. Dec. 7, 2020), the Seventh Circuit Court of Appeals reviewed the decision of a lower court concerning the labeling of parmesan cheese. Specifically, the plaintiffs in this case brought suit against food retailers for violating consumer-protections statutes, alleging that consumers were misled by labels stating “100% Grated Parmesan Cheese” on products containing non-cheese ingredients. The lower court dismissed the plaintiffs’ deceptive labeling claims, concluding that the ingredients list showing that the cheese contains other ingredients resolves the alleged deception of the “100% labeling on the front of the packaging. However, the Seventh Circuit concluded that the plaintiffs’ claims should have survived because the plaintiffs plausibly alleged that the “100%” labeling deceives a considerable portion of consumers. According to the court, if there are multiple ways to interpret a label and one of those interpretations is deceptive, then the issue cannot be resolved simply as a matter of law. Instead, a factfinder such as a judge or jury must decide if consumers would be misled. Accordingly, the Seventh Circuit remanded the case back down to the lower courts for additional review.

REGULATORY: Includes AMS, NASS

AGRICULTURAL MARKETING SERVICE

Final rule revising the reporting requirements prescribed under the Federal marketing order regulating the handling of walnuts grown in California. This action requires California walnut handlers to report purchase commitments (walnuts sold but not yet shipped) with domestic and foreign buyers, monthly. Info here.

NATIONAL AGRICULTURAL STATISTICS SERVICE

Notice announcing the reinstatement of the Agricultural Labor Survey previously scheduled for October 2020 and the associated publication previously scheduled for November 2020. NASS is reinstating the previously suspended information collection pursuant to a recent federal court order. Info here.