LexisNexis® Legal Newsroom
Family Of Man On Life Support After Drinking Raw Milk Retains Pritzker Olsen Attorneys

PITTSBURGH — Pritzker Olsen P.A., the national food safety law firm, has been retained by the family of a Pittsburgh-area man on life support after consuming raw milk adulterated with Campylobacter bacteria. According to the law firm: James Orchard, a 67 year-old from Mars, Pa., was diagnosed...

Tainted Egg Lawsuit Filed By Attorney Fred Pritzker

MINNEAPOLIS - PritzkerOlsen, P.A. , the national food safety law firm, has filed suit on behalf of a woman from Mantorville, Minn., who is a confirmed victim of the multi-state Salmonella Enteritidis outbreak linked to shell eggs ( Robin Shaffer, et al. v. Davi Inc., et al. , No. n/a, Minn. Dist., Beltrami...

Salmonella Egg Lawsuit Filed By Marler Clark

SIOUX CITY, Iowa - A food poisoning lawsuit was filed Aug. 31 in the enormous egg recall and Salmonella outbreak tied to two Iowa egg farms ( Sarah Lewis v. Quality Egg, Llc , No. 3:10cv3050, N.D. Iowa, Western Div.). The lawsuit was filed against Quality Egg (doing business as Wright County Egg)...

Egg Tycoon Apologizes For Salmonella

WASHINGTON, D.C. - (UPI) An egg tycoon whose business has been linked to the U.S. salmonella outbreak told a congressional panel Wednesday his family failed to adapt to growth. Austin "Jack" DeCoster, testifying before a House Energy and Commerce subcommittee, apologized for the illness caused...

Employer Compliance Guidance for Whistleblower Provisions Under New Food Safety Modernization Act

As previously reported by Keller and Heckman LLP, President Obama signed the Food Safety Modernization Act (FSMA) into law on January 4, 2011. While most of the provisions regarding stricter food safety standards will not be effective until 2012, FSMA Section 402, which provides sweeping protections...

Employer Compliance Guidance for Whistleblower Provisions Under New Food Safety Modernization Act

As previously reported by Keller and Heckman LLP, President Obama signed the Food Safety Modernization Act (FSMA) into law on January 4, 2011. While most of the provisions regarding stricter food safety standards will not be effective until 2012, FSMA Section 402, which provides sweeping protections...

New Food Safety Law Protects Whistleblowers

MINNEAPOLIS - (AP) Food industry workers who become whistleblowers gained protection against retaliation from their employers with a little-noticed provision in the sweeping food safety law President Barack Obama signed last month. The Food Safety and Modernization Act is best known for sections that...

Modern Agriculture's Big Five Issues (and How the Law is Reacting to Them)

For this next year, I’m serving as the chair of the American Bar Association’s (ABA) Agricultural Management Committee . The Committee is part of the wider ABA Section on the Environment, Energy and Resources and focuses on cutting-edge issues involving agriculture and the environment, including...

Criminal Charges Brought in Food Safety Case

In another show of force against food processors, federal prosecutors in Colorado recently brought criminal charges against two brothers who owned a cantaloupe farm linked to a 2011 listeria outbreak that killed 33 people. The charges filed on September 24, 2013, serve as a reminder that food processors...

EU Food Policy - What's New On The Menu? Food Labeling and Much More

EU Regulation on Food Labeling - Next Steps On 25 October 2011, the European Parliament and the Council adopted Regulation (EU) No 1169/2011 on the provision of food information to consumers (hereinafter, the ‘FIC Regulation’). The FIC Regulation establishes the legal framework for...

DLA Piper: Tougher Product Liability Provisions Following The Release Of Long-awaited Amendments To Consumer Rights And Interests Protection Law In China

By Sammy Fang and Moore Lu Download PDF The rise of consumerism in China over the past ten years, accompanied by huge increases in domestic consumption, has spurred greater regulatory enforcement in the area of product liability, as well as greater willingness by consumers to seek legal remedies in...

FDA Reports 12% of U.S. Spice Imports Contaminated With Insect Parts And Rodent Hairs...What's In Your Salad?

New York Times reporter Gardiner Harris has reported that an FDA study found that about 12 percent of spices brought to the United States are contaminated with insect parts, whole insects, rodent hairs and other things, based upon an analysis of spice imports. According to FDA officials, it is unclear...

Roadkill On The Dinner Menu: The Bye-Bye Bambi Burger

The ABA Journal (November 2013) reported that Montana has legalized the consumption of roadkill. According to Leslie A. Gordon, the article's author, starting in time for Thanksgiving, anyone who comes across a dead animal in Montana now can legally toss the roadkill on the grill or stick it on the...

The End of Trans Fats? FDA Issues Tentative Determination on Trans Fats In Processed Foods

The US Food and Drug Administration has issued a Federal Register notice with its preliminary determination that partially hydrogenated oils (PHOs), the primary dietary source of artificial trans fat in processed foods, are not “generally recognized as safe” (GRAS) for use in food.[1] ...

USDA: Environmental Assessment of Produce Safety Rule, Organic Substances, and Salmonella in Poultry and Spices

USDA Assisting FDA with Environmental Assessment for Produce Safety Rule USDA has been working with FDA to conduct an environmental impact statement (EIS) to evaluate the potential environmental effects of the proposed produce safety rule. FDA had announced its plans to conduct an EIS after acknowledging...

California Court of Appeal Rules that State Law Claims for Alleged Misuse of the Term 'Organic' on Food Products Are Preempted by Federal Law

In a case of first impression, and with enormous national implications for the food industry, on December 23, 2013, the California Court of Appeal, Second Appellate District, ruled that state law consumer actions challenging certified organic growers’ labeling of food products as “organic”...

Insuring Your Business – Food Recall Claims l Insurance Coverage for Food Claims: Communicating with Your Insurance Company

Is That Covered? Food Recall Claims By Michael R. Kelley Insurance Premiums represent the third or fourth highest business expenses for most food manufacturers and distributors. But, even with all of those premium expenses, many food producers and distributors find that their food recall claims...

State Net Capitol Journal: Congress Passes Food Industry Overhaul

Just when it looked as if no legislation of any consequence would ever make it through the partisan gridlock in Washington, the 113th Congress approved three significant, bipartisan measures in three months, the latest a five-year farm bill passed last week that will impact everything from farm subsidies...

Food Companies and Their Insurers Fight Over Recall Coverage

In Food Companies and Their Insurers Fight Over Recall Coverage, by Robert D. Chesler, Kathleen F. Donovan and Cathleen Kelly Rebar, the authors report on several developments over the past three years that have transformed a scattering of insurance coverage cases involving the food industry into a separate...

FSMA Update: FDA Seeks Input on Reportable Food Registry Requirements

FDA has issued an Advanced Notice of Proposed Rulemaking (ANPRM) to seek comments, data, and information from stakeholders that will assist the Agency with implementing amendments to the Reportable Food Registry (RFR) requirements that were enacted as part of the FDA Food Safety Modernization Act (FSMA...

Food Safety Modernization Act: FDA Operational Strategy, Sanitary Transportation Rule, Congressional Advice

FDA Publishes Operational Strategy for Implementing FSMA The FDA has published its “Operational Strategy for Implementing the FDA Food Safety Modernization Act (FSMA),” which will be considered the Agency’s launching pad for all food safety efforts moving forward. The strategy is...

Norton Rose Fulbright: Former Executives Guilty Of Food Safety Violations

By Megan Fanale Engel and Cori Annapolen Goldberg On September 19th, a federal jury in Albany, GA found three former Peanut Company of America (“PCA”) executives guilty of felony charges related to food safety violations. Stewart Parnell, the former owner of PCA; Mary Wilkerson, the former...

The Egg Salmonella Sentencing: an Exercise in Imagination

Indulge me for just a moment in an exercise in whimsy. Except as will be expressly described below, any resemblance to real persons or substances, living or dead, is purely coincidental. Imagine if you will that in the processing of a particular foodstuff, unless care is taken during certain steps...

Keller And Heckman LLP: Consumer Claims Targeting Trans Fat In Instant Noodles Case Survive Motion To Dismiss

Last month we wrote about FDA's determination that trans fat will no longer be generally recognized as safe ("GRAS") and that the agency's decision could open the door for consumers wishing to attack food products containing trans fat. 1 Perhaps in a sign of things to come, the "Food...

Keller and Heckman LLP: China's New Food Safety Law is in Effect

China's new Food Safety Law (FSL) became effective on October 1, 2015. The law was passed earlier this year, in response to several high-profile food safety scandals and the need for China to harmonize with the global practice of food safety management. The new law includes a number of significant...