When the U.S. Food and Drug Administration earlier this week issued a proposed rule naming certain high-risk foods, it also settled a 2018 lawsuit with the Center for Food Safety that requires FDA to meet deadlines and reporting requirements as mandated by the 2011 Food Safety Modernization Act (FSMA).

FDA’s proposed rule establishing additional traceability record keeping requirements for certain high-risk foods such as leafy greens, freshcut fruits and vegetables, some types of fish, shell eggs, nut butter and others was accepted by CFS as settlement. 

“We are pleased FDA has now released this important rule, as required
Continue Reading FDA action on ‘high risk’ foods settles lawsuit brought by Center for Food Safety

The confidential settlement reached on June 28 between Beef Products Inc., and Disney-owned ABC News is not entirely a secret anymore.

The Walt Disney Company’s quarterly financial filing with the Securities and Executive Commission (SEC) shows a charge of $177 million “net of committed insurance recoveries,” incurred in connection with a litigation settlement.

Disney’s financial disclosures appear to be saying it paid $177 million out of pocket plus the total of its insurance coverage to settle the civil defamation lawsuit of BPI v. ABC News and reporter Jim Avila.

The June 28 agreement ended a jury trial on day 17
Continue Reading Looks like BPI got ABC’s insurance money plus $177 million

The U.S. Food and Drug Administration has agreed to decide by March 31, 2012 whether bisphenol A, the controversial chemical known as BPA, should be banned from use in food and beverage packaging.

The FDA agreed to the deadline as part of the settlement of a lawsuit filed by the Natural Resources Defense Council (NRDC), one of many consumer and environmental groups that advocate banning BPA in food packaging.

Three years ago, the NRDC petitioned the FDA to ban the use of BPA in food packaging.  When the FDA failed to respond, the environmental advocacy group filed suit, asking the

Continue Reading FDA Agrees to Respond on BPA Risk by March 31

The requirement that lawsuit settlements reached on behalf of children go back to federal court for approval is giving the public an early look at what last year’s nationwide Salmonella Enteritidis outbreak may eventually cost egg baron Jack DeCoster’s insurer.

The 2010 SE outbreak sickened at least 1,939 people and led to the recall of more than a half billion eggs.   

Two Iowa egg producers, Wright County Egg and Hillandale Farms, were found responsible for the contaminated eggs. DeCoster owns Wright, which his son operates, and has ownership interests in Hillandale.  A jointly used feed mill might have been

Continue Reading Settlements for Children Injured in Egg Outbreak

I took the time today to read again the Seattle Times article by Maureen O’Hagan, “Seattle lawyer turns into healthy food crusader,” and I was struck by a discussion I had with the reporter:

Marler, … says he and his firm, Marler Clark, have pried $500 million in settlements out of companies that have sickened customers. The vast majority of the firm’s cases settle. “We have a lot of big cases, $7 (million) to $10 million cases,” Marler said. “People don’t just give you that kind of money unless you have your foot on their throat.”

I won’t say that

Continue Reading Publisher's Platform: Secrecy in Settlements

It sure would be nice if one serving of yogurt a day kept you regular or that a dairy drink could boost your immunity, but apparently neither claim is true.

At least that’s what the Federal Trade Commission and a multi-state coalition of 39 attorneys general, led by Oregon and Tennessee, said in a deceptive-advertising settlement announced Wednesday.  Dannon Co. agreed to pay $21 million for making those health claims.

Dannon, owned by Groupe Danone of France, has used both advertising and marketing strategies to depict its Activia yogurt and DanActive dairy drinks as especially effective in keeping people regular

Continue Reading Dannon Pays $21 Million for Exaggerated Claims

U.S. District Judge Norman K. Moon Wednesday removed the final obstacle blocking settlements for victims of the infamous Peanut Corporation of America Salmonella outbreak that resulted in nine deaths and 714 confirmed infections in 46 states in late 2008 and early 2009.

Judge Moon took out one final strange twist between 122 claimants and the $12 million from the personal injury insurance PCA was carrying at the time it began shipping contaminated peanut butter and paste from its Blakely, GA plant.

A claims administrator appointed by the bankruptcy court trustee, defense attorney Alan Maxwell, recommended how to divide

Continue Reading Litigation Twist Removed, PCA Payments Ready

U.S. District Judge Donovan Frank approved a settlement between Cargill, Inc. and Stephanie Smith, a Minnesota woman who became ill with an E. coli O157:H7 infection and suffered permanent injuries after consuming a contaminated hamburger on Tuesday.

Smith, a Cold Spring resident, developed hemolytic uremic syndrome secondary to E. coli infection after eating a Cargill hamburger in 2007.  She went into seizures and was in a medically induced coma for three months.  The former dance instructor is now a paraplegic.

Attorneys for Smith and Cargill reached the settlement agreement last month.  

“We are happy to have resolved this claim,”

Continue Reading Judge Approves Cargill E. coli Settlement

When the Clay County Fair in Florida gets under way tomorrow for the first ten days of April, America’s love affair with fairs will be back in season.

What remains to be seen is whether the $2.2 million that one fair just agreed to pay a Fresno girl who contracted an E. coli strain from visiting the Big Fresno Fair’s petting zoo five year ago will mean safer fairs everywhere in 2010.

petting-pig.jpgThe Big Fresno Fair settled with attorneys representing Angela Malos, a 2-year-old in 2005 when the tot visited the petting zoo with her family, for $2.2 million, and
Continue Reading Fair Season Opens With E. coli Warnings