Delta made headlines this summer when passengers discovered needles in turkey sandwiches served on three separate flights from Amsterdam to the U.S. Both the Transportation Security Administration (“TSA”) and the FBI announced that they would be investigating the catering company, Gate Gourmet, to determine the…
Yearly Archives: 2012
FDA Announces 100k Genome Project
The Food and Drug Administration(FDA) and the Centers for Disease Control (CDC) are collaborating with the University of California Davis and Agilent Technologies, a chemical analysis/engineering company from Santa Clara, California, to sequence the genetic codes of 100,000 types of lethal…
Posted in Food Safety, Food Safety Modernization Act
When Competitors Make You Crabby
Everyone in the food industry wants to come up with their “secret sauce” — that unique ingredient (or combination of ingredients) that sets them apart from others. But coming up with a secret sauce isn’t enough. Once you do, you…
Posted in Intellectual Property
E. Coli Outbreak Constitutes A Single Occurrence
Incidents of food-borne illness impact a number of parties, from sick consumers to various commercial entities in the chain of distribution. Many general liability insurance policies cap policy limits on a per occurrence basis. For example, a policy may provide…
Posted in Insurance Coverage
FDA Delays Enforcement of the Food Safety Modernization Act
The Food Safety Modernization Act (FSMA) was enacted in January 2011 to increase the safety requirements for food facilities, as well as the FDA’s role in monitoring compliance with our food safety laws. Ever since this ambitious (and necessary) overhaul,…
Posted in Food Safety Modernization Act
Traceback Analysis Protected From Disclosure By The Common Interest Doctrine
In the wake of a foodborne illness outbreak, a traceback investigation is critical to determine the source and distribution path of the contaminated food products. According to the FDA, a traceback investigation “helps prevent additional illnesses by providing a foundation…
Posted in Discovery Issues, Traceback Investigation/Analysis
Genetically Modified Food: Right to Know?
State by state, small farmers and individual consumers are squaring off against large food and agriculture corporations over genetically modified food. So far, it appears the food and agriculture industry has the upper-hand on the little guy. Connecticut state legislation…
Posted in Labeling Claims
Pollution Exclusion Bars Coverage For Contaminated Infant Formula
THE SCOOP On April 20, 2012, the Virginia Supreme Court determined that a group of property insurers did not owe coverage to PBM Nutritionals, LLC (“PBM”) in connection with its multimillion dollar claim for losses related to contaminated infant formula. PBM is a…
Posted in Insurance Coverage
UPDATE: FDA Says No To “Corn Sugar”
On May 30th, the Food and Drug Administration issued a ruling denying the Corn Refiners Association’s (CRA) September 14, 2010 petition to authorize the use of “corn sugar” as an alternate optional name for high fructose corn syrup (HCFS). The…
Posted in Labeling Claims, Sugar Substitutes
The Debate Over Gluten-Free Food Labeling
It seems the latest health craze always involves “free” food; fat-free, sugar-free, preservative-free, and now gluten-free. PepsiCo’s Frito-Lay North America recently launched an initiative to label some of their products as “gluten-free.” The proposal includes labeling products with a “GF”…
Posted in Labeling Claims
