A comprehensive summary of today’s judicial, legislative, and regulatory developments in agriculture and food. Email important additions HERE.
JUDICIAL: Includes Food Labeling
In Sandra Brown v. Starbucks Corporation, No. 18cv2286 JM (S.D. Cal. September 3, 2019) the defendants, Starbucks Corporation, moved to dismiss plaintiff’s compliant. The lawsuit is currently an uncertified class action lawsuit arising out of Brown’s purchase of fruit-favored gummy candies. Brown asserted eight claims on behalf of herself and other potential class members: (1) fraud by omission; (2) negligent misrepresentation, (3) violation of the California Consumers Legal Remedies Act; (4) violation of 17200 of the California Business and Professions Code for unlawful business practices; (5) violation of 17200 of the UCL for unfair business practices; (6) violations of California’s False Advertising Law; (7) breach of express warranties; and (8) breach of implied warranties. Brown alleges that packaging of Starbucks’ “Sour Gummies” product falsely informs consumers that the candies only contain natural ingredients because the front packaging does not disclose the presence of artificial flavors.
REGULATORY: Includes AMS, DOE, FS, NOAA
AGRICULTURAL MARKETING SERVICE
Rule establishing the Milk Donation Reimbursement Program, under which certain eligible dairy organizations that account to a Federal milk marketing order marketwide pool and incur qualified expenses related to certain fluid milk product donations may apply for and receive limited reimbursements to cover those expenses. Info here.
DEPARTMENT OF ENERGY
Notice of a meeting of the Biological and Environmental Research Advisory Committee. Info here.
Notice of a meeting of the Environmental Management Site-Specific Advisory Board, Northern New Mexico. Info here.
FOREST SERVICE
Notice of intent to prepare an environmental impact statement in preparation of a proposed Nez Perece-Clearwater National Forests Land Management Plan. Info here.
Notice of a meeting of the Black Hills National Forest Advisory Board. Info here.
NATIONAL OCEANIC & ATMOSPHERIC ADMINISTRATION
Rule issuing regulations that govern the unintentional taking of marine mammals incidental to fisheries research conducted in multiple specified geographical regions over the course of five years. Info here.