Digest

Bryan Cave Digest

ARCHIVE

Main Content

USDA Approves Genetically Modified Apples, But Will They See The Shelves?

February 22, 2015

Categories

On  February 13, 2015, the Department of Agriculture’s Animal and Plant Health Inspection Service approved the Arctic apple, a genetically modified strain of apple developed to resist browning.  A Canadian company, Okanagan Specialty Fruits Inc., first filed its petition for deregulation nearly three years ago.  The technology works by “turning off” the production of a certain enzyme that is produced when an apple is cut or bruised.  The Arctic apple is the one of the first deregulated genetically modified products designed to promote consumer-preferred traits, as opposed to traits like herbicide tolerance that promote certain production practices.

Notwithstanding APHIS’s approval, the question still remains of whether and how widely producers and consumers will adopt the technology in today’s environment surrounding GMOs.  Because it will be at least five to seven years before Arctic apple trees can bear fruit that can be marketed, producers will be required to do some significant

Food And Beverage Manufacturing Processes As The Bases For Consumer Class Action Claims

February 18, 2015

Categories

Recent food labeling class actions suggest that plaintiffs’ counsel are broadening the scope of these types of claims. Of course, we are familiar with the more typical food labeling class actions, such as those challenging “all natural” labels or disputing whether a food product complies with federal law when noting it has “no added sugar.” Those traditional claims focus on the ingredients. The recent complaints mentioned in this article, however, suggest that class counsel may now focus on subjective statements regarding the processes used to make foods or beverages.

Social Responsibility Statements.

Jablonowski v. Chiquita Brands, Inc., No. 3:15-cv-00262 (S.D. Cal.), is a complaint filed by the well-known class action firm of Hagens Berman Sobol Shapiro LLP. It alleges that Chiquita falsely advertises on its website that it requires ecologically friendly farming practices. In “truth,” a Guatemalan company from which Chiquita buys hundreds of millions of pounds of bananas each

The 9th Circuit will address food labeling class actions

February 4, 2015

Categories

The 9th Circuit will address food labeling class actions

February 4, 2015

Authored by: James Smith

Attached is an article from BNA regarding an amicus brief that Bryan Cave prepared for the Washington Legal Foundation, as well as an amicus brief from the U.S. Chamber of Commerce, in Jones v. ConAgra.  Jones should be an important decision from the Ninth Circuit regarding the implied ascertainability standard in consumer class actions and the standard for evaluating the adequacy of regression analyses proposed as tools to quantify class-wide injury in class actions generally.  A copy of our entire brief is here.

The attorneys of Bryan Cave LLP make this site available to you only for the educational purposes of imparting general information and a general understanding of the law. This site does not offer specific legal advice. Your use of this site does not create an attorney-client relationship between you and Bryan Cave LLP or any of its attorneys. Do not use this site as a substitute for specific legal advice from a licensed attorney. Much of the information on this site is based upon preliminary discussions in the absence of definitive advice or policy statements and therefore may change as soon as more definitive advice is available. Please review our full disclaimer.