Food and Beverage News and Trends

by DLA Piper
Contact

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape.

  • Bill aims to impose federal excise tax on sugary drinks. On July 29, Representative Rosa DeLauro (D-CT) introduced a bill that would tax soda and other sugary drinks. The bill, which would levy an excise tax of one cent for each teaspoon of caloric sweetener, has been endorsed by many health groups and is designed to provide money for diet-related disease prevention programs and to improve public health. It is known as the Sugar-Sweetened Beverages Tax Act of 2014, or the SWEET Act.
  • Red Bull agrees to settle consumer class action on advertising claims. Red Bull has agreed to pay $13 million to resolve a class action accusing it of falsely advertising that its energy drinks provide benefits above and beyond what might be obtained from a cup of coffee or a caffeine pill. In the proposed settlement, made public on July 31, Red Bull would pay $10 or provide $15 worth of its products to consumers who purchased the product since 2002. Red Bull, while not conceding that its advertising in the past has been misleading, said that all future claims will be medically or scientifically supported. The settlement awaits approval by a judge.
  • Bill would prohibit use of BPA in food packaging. In early July, Democrats in both chambers of Congress introduced legislation to ban the use of BPA in food packaging. BPA is a synthetic additive that some studies have linked to cancer, fetal development problems and infertility. The bill was introduced by Senator Ed Markey (D-MA) and Representatives Lois Capps (D-CA) and Grace Meng (D-NY). Last year, the FDA concluded that in the small quantities used in packaging, BPA is safe.
  • Walmart faces lawsuit over juice labeling. Six weeks after the Supreme Court, in a closely watched decision, gave POM Wonderful the right to sue Coca-Cola over its juice labels, Walmart is facing a similar consumer class action. In the lawsuit, filed July 17, the plaintiffs allege that Walmart’s “100% Cranberry Pomegranate” juice is actually composed mostly of apple and white grape juice, with a minuscule amount of cranberry and pomegranate juices.
  • California going forward with soda tax. San Francisco will put a two-cent per ounce tax on soda measure on the ballot in November, after the city’s Board of Supervisors approved the measure by 6-4. The measure is expected to decrease soda and “sugary” beverage consumption by roughly one-third and raise up to $52 million a year in revenue for community health programs.
  • Congressman expects state measure against GMO crops will pass. Representative Peter DeFazio (D-OR) has predicted that Oregon will approve a statewide ban on the cultivation of GMO crops. The measure has been officially placed on the November ballot. He based his assessment on the recent passage of similar measures in two Oregon counties that he says tilt strongly to the conservative side. Supporters of the measure say the food and biotech industries will spend heavily on a campaign to defeat the prohibition as they did regarding similar measures recently up for a vote in California and Washington State.
  • Groups look to intervene in GMO lawsuit in Vermont. The Center for Food Safety and the Vermont Public Interest Research Group have requested to join the state in defending its recently passed GMO labeling law. In their motion to intervene, the groups assert their direct involvement in the passage of the law and the concern that the state may not have the necessary resources to properly defend the lawsuit. Last month, the Grocery Manufacturers Association filed suit against Vermont, challenging the state’s authority to regulate interstate commerce by requiring labeling.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© DLA Piper | Attorney Advertising

Written by:

DLA Piper
Contact
more
less

DLA Piper on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
Feedback? Tell us what you think of the new jdsupra.com!