In 1986, Jeri Mesching was a retired elementary school teacher. Her children were grown, and she had no interest in joining her friends on the golf course or tennis court. So, what does one do when you’re an empty nester without time-consuming hobbies?
For Mesching, a talented home cook, the answer was to start a business.
“I had friends who started Christmas in the Country in Cedarburg, which is where we got our start. A dear friend who was one of the original organizers asked me to make something and I said, ‘I can’t do anything.” She said ‘Are you kidding? Going to your house for dinner is like going to grandma’s’, she said this because I made everything from scratch. I baked all of our bread. I thought everybody did that,” Mesching recalled.
To appease her friend, she made a large batch of her signature sweet and tangy mustard and jarred it for the Christmas market. To the surprise of no one but Mesching, the jars were quickly snapped up by holiday shoppers. At the end of the day, she sold every jar and had a long list of names of people who wanted more of her tantalizing mustard.
It was the start of what would become East Shore Specialty Foods.
A lot has changed since the company sold its first jar of mustard. Today the East Shore Specialty Foods owns a manufacturing plant in Hartland with 10 employees and sells its wares nearly everywhere fine foods are sold. As the company approaches its fourth decade in business, the company now produces 10 unique flavors of its mustard and 10 different kinds of dipping pretzels.
“The pretzels came about because when I first started, the specialty food industry was almost nonexistent. Everywhere I sold the mustard, they would ask me to come and do demos. What do you serve the mustard with? I couldn’t give everyone a sandwich so I started doctoring up the pretzels and then people said I can’t buy the mustard if I can’t buy the pretzels. That taught me a lot,” Mesching explained.
“I made a lot of mistakes, and I learned from them. I just worked and worked. At first, I rented a kitchen two days a week. I put everything in my car and hauled it over to the kitchen, carried it in, made my stuff, put it back in the car, brought it home, sat around the fireplace and labeled the jars at night. That’s how I did it,” Mesching said.
The company made the leap from a regional favorite to a global brand through the International Fancy Food Show in New York.
“The first time I attended the show I carried two baskets with pretzels and mustard up the stairs. Now, we ship pallets to the show,” she said.
Mesching began her business at a time before startup accelerators and incubators existed. She had no friends or family members who owned a business. With no outside support, she relied on her hard work and keen business decisions.
“I have never identified as a woman-owned business…I always thought it shouldn’t matter, and I think I made it not matter. When I went to purchase quantities of whatever, I always could find sources, and no one ever said to me. ‘oh my gosh, you’re a woman.’ It was not an issue. I honestly have never had a problem due to the fact that I was a woman,” she said.
Mesching attributes much of her bootstrapped company’s success to the fiscal discipline she has maintained since its launch.
“I never took any risks because I saved before I spent. I didn’t ask (the bank) for outrageous amounts of money that I couldn’t back in some way. We have always been very fiscally responsible and the only time I ever had a loan was when I built (the factory) and I paid it back quickly. We put an addition on maybe 10 years ago or so and I paid that back within months. It has always been important to me to be fiscally responsible. It’s very difficult to do and it doesn’t get easier,” she said.
Mesching is still involved in the operations of East Shore Specialty Foods, but the company is now led by her daughter, Kristin Graves.
“She’s much more educated than I am and she’s much better at the really difficult things,” Mesching proudly stated. Graves earned her MBA from Marquette University and currently resides in the family home that appears on the label of each jar and bag that bears the East Shore Specialty Foods name.
From its humble beginning to the globally recognized brand it has become, East Shore Specialty Foods stands as a testament to Jeri Mesching’ s hard work, resourcefulness, and fiscal discipline. Under the leadership of Graves, the company continues to maintain its commitment to quality and tradition.
In Honor of Hunger Action Month®, US Foods Donates $750,000 To Expand Feeding America®’s Direct to Neighbor Locker Project into Seven Communities Across the Country
ROSEMONT, Ill. — US Foods Holding Corp. (NYSE: USFD), one of America’s largest foodservice distributors, today announced an expanded national partnership with Feeding America®, the largest hunger-relief organization in the United States. As part of US Foods’ recently enhanced “Helping Communities Make It” hunger-relief programming, the company will grant Feeding America $750,000 to expand the organization’s highly innovative Direct to Neighbor locker project into seven additional communities by the end of 2024. This is US Foods’ largest single monetary donation to date and builds on the company’s long-standing hunger-relief commitment to harness the power of food to empower communities with nourishment and opportunity.
The Feeding America Direct to Neighbor locker project is one of the most innovative food access projects in the country, providing more convenient and dignified hunger-relief support for community members experiencing food insecurity. Implemented through existing food bank affiliates, the program leverages an online order-ahead platform where community members can place customized grocery orders. These custom requests are prepared by the local partner food bank or agency partner and made available for pick-up in individual refrigerated, frozen or non-temperature-controlled lockers that can be placed in convenient locations such as local grocery stores and other highly frequented community locations. The order and pickup process affords community members greater choice and convenience, like that offered by traditional online grocery shopping applications and is intended to help remove emotional hurdles that may hinder someone in need from taking part in a traditional hunger-relief food bank experience.
“With more than 44 million Americans, including 13 million children, facing food insecurity in the United States, we are honored to support Feeding America in their journey to bring innovative solutions for combating food insecurity to communities across the country,” said Dave Flitman, US Foods CEO. “This new commitment builds on the more than $12 million in product donations that US Foods provided to Feeding America food banks in 2023. Hunger Action Month is a time to recognize the hunger crisis in America and take action, and we are proud to leverage the opportunity to expand this important partnership.”
“Everyone deserves dignified access to nutritious food to thrive. In collaboration with local partner food banks and alongside people facing hunger, we prioritize dignity so we can transform the charitable food system together,” said Casey Marsh, Feeding America Chief Development Officer. “The Direct to Neighbor lockers are an example of our work to design a more equitable and convenient neighbor experience that not only expands their choice of foods but also removes some of the emotional hurdles to accessing food. As a fellow Chicago-based company, US Foods has demonstrated a strong commitment to our cause, and we are thrilled to be expanding this exciting project with their generous donation.”
Joined by Chicago-based celebrity chef Stephanie Izard and dozens of US Foods associates, the company and Feeding America launched their enhanced partnership at the Food Bank of Northwest Indiana, formally announcing the seven Feeding America food banks receiving new Direct to Neighbor locker project grants. Grant recipients are:
Feeding America Eastern Wisconsin, Fox Valley Technical College (Wis.)
Feeding Tampa Bay, Sulfur Springs Resource Center (Fla.)
Food Bank of Eastern Oklahoma, Helping Hands Food Pantry (Okla.)
Lowcountry Food Bank, North Strand Helping Hand food pantry (S.C.)
Northern Illinois Food Bank, Northwest Center and Neighborhood Market (Ill.)
Second Harvest Food Bank of Clark, Champaign, and Logan Counties, food bank locations (Ohio)
Treasure Coast Food Bank, Whole Child Connection, benefits enrollment and social service referral community hub (Fla.)
“It’s an honor to help put a spotlight on the impactful hunger-relief efforts Feeding America and US Foods are supporting,” said Stephanie Izard, celebrity chef and TV personality. “Hunger relief is a cause that is near and dear to my heart as I have seen first-hand how important it is to have the right community programs in place to help those who are facing food insecurity. I’m thankful for the opportunity to help build awareness around this innovative work spearheaded by two Chicago-based organizations.”
For more information about the company’s other strategic initiatives and its commitment to Helping Communities Make It, visit //www.usfoods.com/community.
About US Foods With a promise to help its customers Make It, US Foods is one of America’s great food companies and a leading foodservice distributor, partnering with approximately 250,000 restaurants and foodservice operators to help their businesses succeed. With more than 70 broadline locations and approximately 90 cash and carry stores, US Foods and its 30,000 associates provides its customers with a broad and innovative food offering and a comprehensive suite of e-commerce, technology and business solutions. US Foods is headquartered in Rosemont, Ill. Visit www.usfoods.com to learn more.
About Feeding America Feeding America® is the largest hunger-relief organization in the United States. Through a network of more than 200 food banks, 21 statewide food bank associations, and over 60,000 partner agencies, food pantries and meal programs, we helped provide 5.3 billion meals to tens of millions of people in need last year. Feeding America also supports programs that prevent food waste and improve food security among the people we serve; brings attention to the social and systemic barriers that contribute to food insecurity in our nation; and advocates for legislation that protects people from going hungry. Visit www.feedingamerica.org, find us on Facebook or follow us on X.com
This update includes FDA and USDA updates, FDA warning letters, lawsuits, and other articles of interest, including pasteurization to kill H5N1 in dairy products, a move to ban artificial dyes in school foods, misleading labeling, and more.
FDA Updates
FDA Files Color Additive Petition August 5: The FDA announced that it filed a petition, submitted by GNT USA, LLC, proposing that the color additive regulations be amended to provide for the safe use of spirulina extract in foods generally in amounts consistent with good manufacturing practice. comments on the petitioner’s environmental assessment must be submitted by October 4, 2024. More information can be found here.
FDA Collecting Information on Food and Cosmetic Export Certificate Application Process August 8: The FDA announced a collection of information to help support the implementation of laws and regulations governing the export of certain FDA-regulated products, as outlined in section 801 of the Federal Food, Drug, and Cosmetic Act and 21 CFR part 1, subpart E. Some countries require manufacturers to provide certificates for FDA-regulated products they wish to export. Firms can request these certificates electronically via the Export Certification Application and Tracking System (eCATS) or Certificate Application Process (CAP), or by contacting the FDA. This collection specifically pertains to export certificates for human food and cosmetic products, with respondents being firms interested in exporting these products to countries that require such certificates. The comment deadline is September 9, 2024. More information can be found here.
FDA to Hold Public Meeting on the Development of an Enhanced Systematic Process for Post-Market Assessment of Chemicals in Food August 12: The FDA is developing a systematic process for post-market assessments of chemicals, including generally recognized as safe (GRAS) ingredients, food additives, color additives, food contact substances, and contaminants. This process is intended to guide future post-market assessments and includes a transparent method for identifying and prioritizing food chemicals currently for safety reviews. This project is part of a broader approach to enhance food chemical safety. The FDA will host a public meeting on September 25, 2024 from 12:30 – 4:30 PM ET to discuss this process and gather stakeholder feedback on this proposal. Comments must be submitted on or before December 6, 2024. To register for the public meeting, visit the registration page. More information can be found here and the Federal Register Notice with instructions for comments can be found here.
FDA Advances Sodium Reduction Efforts and Issues Draft Guidance August 15: The FDA issued new voluntary sodium reduction targets in a draft guidance, marking Phase II of its sodium reduction efforts. The new targets build on 2021 Phase I voluntary sodium reduction goals to further reduce diet-related diseases linked to high sodium intake. The draft guidance contains three-year sodium reduction targets for 163 food categories that are commercially processed and packaged, or prepared in food service establishments, which account for over 70% of sodium intake in the U.S. The targets are intended to help address the excess intake of sodium in the U.S. The new voluntary targets will support reducing sodium intake to about 2,750 milligrams/day, a 20% reduction from pre-Phase I levels. The FDA will assess progress every three years and is accepting comments on the draft guidance until November 14, 2024. This initiative is part of the White House National Strategy on Hunger, Nutrition, and Health and aligns with the Healthy People 2030 goal. More information can be found here and here.
NACMCF to Hold Public Meetings on Genomics and Cronobacter Updates in September 2024 August 28: The National Advisory Committee on Microbiological Criteria for Foods (NACMCF) will hold a public meeting of the full Committee and Subcommittees from September 24, 2024, to September 26, 2024. The NACMCF will provide updates on FSIS’ Genomics charge and the FDA’s Cronobacter spp. in Powdered Infant Formula charge. The full Committee will hold an in-person and virtual public meeting on Tuesday, September 24, 2024, from 10:00 a.m. to 12:00 p.m. and on Thursday, September 26, 2024, from 4:00 p.m. to 5:00 p.m. The Subcommittees on Genomics and on Cronobacter spp. in Powdered Infant Formula will hold concurrent Subcommittee meetings on Wednesday, September 25, 2024, from 1:00 p.m. to 5 p.m. The Subcommittee meetings are open to members of the public by virtual attendance only. Attendance to all meetings is free but pre-registration is requested by Wednesday, September 18, 2024. More information can be found here.
FDA Warning Letters
Cinnamon Products: The FDA issued a warning letter to Austrofood, the manufacturer of recalled apple cinnamon fruit puree pouches, citing Austrofood for violations of the Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food rule. The FDA alleges that Austrofood failed to conduct a proper hazard analysis to identify lead in cinnamon as a hazard requiring preventive control. The letter states that the presence of lead adulterates the product under the Federal Food, Drug, and Cosmetic Act (FD&C Act). More information can be found here.
Adulterated Bean Sprouts: The FDA issued a warning letter to a Pennsylvania bean sprout farm after an investigation revealed several violations of the FD&C Act at the farm’s sprouting facility, including evidence of rodents where packaging material is stored and other conditions that may result in the sprouts contacting contaminated surfaces. The FDA determined that bean and soybean sprout products are adulterated in that they have been prepared, packed, or held under insanitary conditions.
FSIS Proposes New Rule to Combat Salmonella in Poultry Products August 7: The Food Safety and Inspection Service (FSIS) issued a proposed rule and determination to reduce Salmonella contamination and illnesses associated with raw poultry products. The proposed rule would make it illegal to sell chicken, chicken parts or ground chicken and turkey if it is found to be contaminated with certain types of Salmonella. The proposal would establish final product standards to prevent raw chicken carcasses, chicken parts, ground chicken, and ground turkey products that contain any type of Salmonella at or above 10 colony forming units (CFU) per gram/ml and any detectable level of at least one of the Salmonella serotypes of public health significance from entering commerce. The proposed rule would also require poultry establishments to develop a microbial monitoring program to prevent pathogen contamination throughout the slaughter system. Comments on the proposed rule must be received by October 7, 2024. More information and instruction for submitting comments can be found here.
NACMPI Virtual Meeting on Inspection Program Updates and Tech Integration August 16: FSIS will hold a virtual meeting of the National Advisory Committee on Meat and Poultry Inspection (NACMPI) on September 16-17, 2024. The Committee will advise on meat and poultry inspection programs, review establishment size definitions, and discuss technology’s role in inspections. The meeting runs from 10 a.m. to 4 p.m. EDT and requires pre-registration for access. More information can be found here.
FSIS to Begin H5N1 Monitoring in Dairy Cows at Slaughter August 16: FSIS will begin monitoring H5N1 influenza A in dairy cows at slaughter starting September 16, 2024. This will be integrated into the existing National Residue Program, using PCR testing on muscle samples. Carcasses will be held pending test results, with no additional holding time required. If H5N1 is detected, the USDA will ensure the carcass does not enter the food supply. This initiative builds on three previous USDA studies, and FSIS will update stakeholders on the results. More information can be found here.
FSIS Updates Guidelines for Animal-Raising and Environmental Claims on Meat Labels August 28: The FSIS released an updated guideline to improve documentation for animal-raising and environment-related claims on meat and poultry labels. The Guideline on Substantiating Animal-Raising or Environment-Related Labeling Claims includes revisions from sampling data, petitions, public comments to petitions and feedback received from a wide range of stakeholders. Animal-raising and environment-related claims, such as “Raised Without Antibiotics” and “Climate-Friendly,” are voluntary and require FSIS approval. The guideline encourages third-party certification to ensure these claims are truthful. It also recommends routine testing for “negative” antibiotic claims. A recent FSIS study found antibiotic residues in 20% of samples from the “Raised Without Antibiotics” market, prompting FSIS to enforce stricter measures against false claims. The agency plans to publish a detailed study and may implement further testing and rulemaking. Comments on the guideline are due by November 12, 2024. More information can be found here and here.
Other Articles of Interest
FDA’s Ban on Brominated Vegetable Oil: Implications for Food Manufacturers August 5: The FDA recently finalized a rule to revoke the use of brominated vegetable oil (BVO) as a food additive due to concerns about its potential health effects. This rule, effective from August 2, 2024, provides companies a one-year period to reformulate, relabel, and discontinue sales of products containing BVO, with enforcement expected to begin on August 2, 2025. BVO has been used primarily in citrus-flavored beverages to stabilize flavoring oils, but many companies have already begun phasing it out in favor of alternatives such as sucrose acetate isobutyrate (SAIB), glycerol ester of wood rosin, modified cellulose, acacia gum, and locust bean gum. The suitability of these substitutes depends on specific product requirements, and manufacturers must evaluate options to maintain product quality. The transition away from BVO presents challenges for manufacturers, including the complexity and cost of reformulating products to maintain flavor and stability. Reformulation involves expenses such as turbidity tests, consumer focus groups, production scale-up testing, and relabeling. These costs are necessary to ensure that the reformulated products comply with the law and remain acceptable to consumers. More information can be found here.
FDA Confirms Pasteurization Kills H5N1 in Dairy Products August 16: The FDA completed a second round of testing that confirmed pasteurization effectively kills the H5N1 avian virus in milk and dairy products, making them safe for consumption. However, raw milk remains a risk. The survey, coordinated with the USDA, tested 167 dairy products, including pasteurized and raw milk products, and found no viable H5N1 virus. These results support previous findings that pasteurization inactivates the virus. The survey results will be published in a peer-reviewed journal. Since 2022, the U.S. has reported 14 human avian flu cases, with no cases linked to dairy consumption. The CDC reports no unusual influenza activity, but more poultry outbreaks are expected as wild birds migrate. More information can be found here.
California Moves to Ban Artificial Dyes in School Foods August 30: California lawmakers have passed a bill banning six artificial dyes from foods in public schools, pending the governor’s approval. The bill, introduced by Assembly member Jesse Gabriel and supported by Consumer Reports and the Environmental Working Group, targets synthetic colorings linked to neurobehavioral issues in some children. If signed by Governor Gavin Newsom, the law will take effect in December 2027, making California the first state to implement such a ban. The bill, known as the California School Food Safety Act (Assembly Bill 2316), seeks to replace dyes like Red 40 and Yellow 5 with natural alternatives. While the FDA hasn’t confirmed a link between these dyes and behavioral problems, a 2021 review by California’s EPA found associations with adverse effects in sensitive children. More information can be found here.
Lawsuits
Class Action Filed Against Albertsons for Misleading ‘100% Juice’ Labeling on Fruit Products August 2: A proposed class action lawsuit has been filed against Albertsons Companies Inc., alleging that the company’s fruit products contain synthetic additives that contradict their labeling as being packed in 100% juice. The complaint, filed in the US District Court for the Northern District of California, claims that Albertsons’ “Signature Select” brand, specifically its sliced peaches and mandarin orange fruit cups, contain ascorbic and citric acids, which are synthetic additives. The plaintiff argues that these additives are used to mimic naturally occurring substances, thus misleading consumers. The lawsuit seeks to establish a nationwide class and a California subclass of consumers who purchased these products, which are sold across Albertsons’ grocery chains, including Safeway and Jewel-Osco. The legal claims include breach of express warranty and violations of California consumer protection, competition, and false advertising laws. The plaintiff is seeking various forms of relief, including compensatory, statutory, and punitive damages, as well as injunctive relief and attorneys’ fees. A copy of the complaint can be found here.
Class Action Against Kroger’s ‘Farm Fresh’ Egg Label Dismissed August 7: A federal judge dismissed a proposed class action against Kroger Co., which alleged that the “farm fresh” label on some of its private-label eggs was misleading because the eggs came from hens in cages and industrial confinement. The plaintiff, Adam Sorkin, argued that the label was deceptive as it suggested imagery of hens living freely on farms. However, the US District Court for the Northern District of Illinois ruled that Sorkin failed to demonstrate that his interpretation of “farm fresh” matched the expectations of a reasonable consumer. The judge stated that the term “Farm Fresh Eggs” pertains to origin and timing, not the living conditions of the hens, and that Sorkin’s complaint did not support the notion that reasonable consumers would be misled to believe the eggs came from idyllic farm settings. The judge noted that other terms like “cage-free,” “free range,” and “pasture-raised” explicitly address the living conditions of hens. More information can be found here.
D.C. Circuit Denies Standing for Animal Group in USDA Poultry Labeling Suit August 9: The D.C. Circuit Court ruled that the Animal Legal Defense Fund (ALDF) lacks standing to sue the U.S. Department of Agriculture (USDA) over allegedly misleading labels on Perdue poultry products. The court upheld a lower court’s decision, stating that the ALDF failed to demonstrate the necessary associational standing. The case centered on Marie Mastracco, an ALDF member, who claimed injury from the misleading packaging. However, the court found that Mastracco could not prove her injury was ongoing or imminent, as there was no evidence of other poultry products with similar misleading graphics. The ALDF’s lawsuit, initiated in mid-2021, argued that the USDA’s Food Safety and Inspection Service neglected its duty by approving labels that used graphics suggesting chickens were raised outdoors, contrary to their actual conditions. The court did not address the merits of the ALDF’s claims about the USDA’s label approval process, as the appeal focused solely on the issue of standing. A copy of the Court’s decision can be found here.
Ralphs Grocery Co. Faces Class Action Over Misleading Smoked Gouda Labeling August 12: Ralphs Grocery Co. faced a setback in its attempt to dismiss a proposed consumer class action regarding its sliced smoked gouda product, which is alleged to be misleadingly labeled due to the use of added liquid smoke for flavoring. The U.S. District Court for the Central District of California determined that the issue of whether Ralphs should have disclosed the added flavor on the front label is not appropriate to resolve on a motion to dismiss. The judge noted that the smoked flavor might be classified as an artificial flavor, which would require a label declaration under federal regulations. The court also found that the state law claims were not preempted, as they were grounded in California’s Sherman Food, Drug, and Cosmetics Law, which aligns with federal labeling standards. Federal regulations mandate that flavored cheeses must declare the flavors or spices that characterize the product. The case is identified as Grimes v. Ralphs Grocery Co., C.D. Cal., No. 2:23-cv-09086.
Judge Dismisses Microplastics Mislabeling Lawsuit Against Ice Mountain Bottled Water August 12: In the case of Slowinski et al. v. BlueTriton Brands Inc., a federal judge in the US District Court for the Northern District of Illinois dismissed a lawsuit claiming that Ice Mountain bottled water, labeled as “100% Natural Spring Water,” is misleading due to the presence of microplastics. The plaintiffs argued that the presence of microplastics rendered the labeling false. However, US District Judge Seeger ruled that the complaint is preempted by the Food, Drug, and Cosmetic Act, as it challenges the FDA’s definition of “spring water,” which does not address microplastics. The judge emphasized that no reasonable consumer would expect a guarantee at the molecular level and that the plaintiffs failed to demonstrate any intent to defraud, or specific injuries suffered. The court found that the plaintiffs lacked standing for an injunction since they did not intend to purchase the water again, but they could pursue injury claims. The judge noted that the plaintiffs did not test the water for microplastics and that the presence of such particles does not negate the natural spring water label. The court allowed the plaintiffs to amend their complaint within two weeks, although Judge Seeger expressed skepticism about their ability to strengthen their case. A copy of the court order can be found here.
Class Action Lawsuit Filed Against LesserEvil LLC Over Lead Content in Toddler Snacks August 13: A class action lawsuit has been filed in the US District Court for the District of Connecticut against LesserEvil LLC alleging that the company failed to disclose excessive levels of lead in its Lil’ Puffs snacks for toddlers. The complaint claims that the health food brand did not inform consumers about the harmful lead content on the product packaging. The class is seeking damages, restitution, and class certification, asserting that LesserEvil violated Connecticut and Illinois consumer protection laws, as well as the federal Magnuson-Moss Warranty Act. The plaintiff contends that the company misrepresented the safety of its products by marketing them as suitable for children, despite independent lab tests showing lead levels exceeding California’s legal limits. The lawsuit also notes that LesserEvil has received multiple notices of violation from California regarding lead content, indicating the company’s awareness of the issue. The proposed class includes all US residents outside California who purchased the snacks within the statute of limitations, as well as a subclass of Illinois residents. The case is Augustine v. LesserEvil LLC , D. Conn., No. 3:24-cv-01309 and a copy of the complaint can be found here.
Upside Foods Sues Florida Over Cultivated Meat Ban August 14: Upside Foods, represented by the Institute for Justice, has filed a lawsuit against Florida officials in the U.S. District Court for the Northern District of Florida, challenging a new state law that bans the production, distribution, and sale of cultivated meat. Upside Foods produces meat from animal cells without raising and slaughtering animals, offering a cruelty-free alternative that has been approved by the FDA and USDA for safety and quality. The lawsuit argues that Florida’s law SB 1084, signed by Governor Ron DeSantis and effective from July 1, is unconstitutional because it violates the Commerce Clause by favoring in-state businesses over out-of-state competitors, thus undermining the national common market. The complaint highlights that the law is protectionist, shields local meat producers from competition, and is not based on safety concerns. The lawsuit also alleges that the law breaches the Supremacy Clause because it is expressly preempted by federal regulations on meat and poultry products. More information can be found here.
Class Action Filed Against The Giant Co. Over BVO in Orange Soda August 14: A proposed consumer class action has been filed against grocery chain The Giant Co. in the US District Court for the Middle District of Pennsylvania, alleging that the company’s orange soda is defective due to the inclusion of toxic brominated vegetable oil (BVO) as a flavoring stabilizer. The complaint argues that Giant should have been aware of BVO’s toxicity, as other soda brands have removed the ingredient and its use has been restricted by various governments. The FDA recently banned BVO in foods following findings that it could cause adverse health effects, including thyroid problems. Lead plaintiff Shavonne Daniels claims she purchased a defective product, asserting that no reasonable consumer would expect a citrus-flavored beverage to cause neurological symptoms, hypothyroidism, and depression. The complaint emphasizes that Giant had a duty to disclose the potential health risks associated with BVO and brings claims of unjust enrichment, negligence, failure to warn, fraudulent concealment, breach of warranties, and strict products liability. The case is titled Daniels v. The Giant Co. LLC, case number 1:24-cv-01363, and a copy of the complaint can be found here.
Kroger and Ralphs Sued for Proposition 65 Violations Over Lead and Cadmium in Food Products August 14: A complaint filed by Consumer Advocacy Group Inc. in Los Angeles County Superior Court accuses The Kroger Co. and Ralphs Grocery Co. of violating California’s Proposition 65 by selling roasted seaweed snacks and ground cinnamon containing cadmium and lead without providing the required consumer warnings. Proposition 65 mandates that businesses in California must provide “clear and reasonable warnings” before exposing consumers to chemicals known to cause cancer and reproductive harm, such as lead and cadmium. The lawsuit alleges that the defendants knowingly exposed consumers to these harmful chemicals through products like SeaSnax and Kroger’s private label ground cinnamon, which reportedly contains lead levels exceeding the FDA’s advisory limit. The plaintiff seeks a permanent injunction to enforce compliance with Proposition 65, civil penalties of up to $2,500 per day per violation, and reimbursement for attorney fees and costs. The case highlights the potential health risks associated with seaweed snacks, which are often perceived as healthier alternatives, due to their ability to absorb heavy metals. The complaint emphasizes the importance of consumer awareness and the right to make informed choices about product safety.
Judge Dismisses Claims Against Prime Hydration for Marketing Caffeinated Drinks to Children August 15: Consumers alleging that Prime Hydration LLC, a beverage company founded by YouTubers Logan Paul and KSI, improperly marketed highly caffeinated drinks to children failed to plead their claims with enough specificity to proceed, according to a federal judge. The US District Court for the Western District of Kentucky stated that many claims were based on allegations of false and misleading statements and are subject to heightened pleading standards that the consumers did not meet. The judge also dismissed the public nuisance claim, noting that such claims in Kentucky are limited to real property-based issues. The consumers argued that Prime Hydration’s market largely consists of customers under 24, including minors who are at health risk from consuming high-caffeine energy drinks. Prime Hydration is also facing similar litigation in New York over caffeine content. The case is Kennedy v. Prime Hydration LLC, W.D. Ky., No. 3:23-cv-00476 and a copy of the Court’s order can be found here.
Judge Dismisses Most Claims in Hershey’s Heavy Metals Lawsuit August 16: A federal judge for the US District Court for the Southern District of California dismissed most claims in a lawsuit against Hershey Co. for allegedly failing to disclose lead and cadmium in its dark chocolate bars. Judge Anthony J. Battaglia ruled that the plaintiff, Eva Grausz, did not demonstrate that the metals posed an unreasonable safety hazard. The judge noted that Grausz failed to provide specific amounts of the metals that would create a safety risk simply asserted that lead and cadmium are carcinogens. This marks the third dismissal of the plaintiff’s claims. However, the judge allowed misbranding and implied warranty claims against Hershey’s to proceed. The case is Grausz v. Hershey Co., S.D. Cal., No. 3:23-cv-00028 and a copy of the Court’s decision can be found here.
Gatorade Protein Bars Deceptive Marketing Lawsuit Proceeds August 16: A federal judge for the US District Court of the Northern District of California partially upheld a consumer class action against PepsiCo, alleging PepsiCo created a “deceptive health halo” around its Gatorade brand protein bars. The plaintiffs claimed the bars were misleadingly marketed as healthy despite high sugar content. PepsiCo argued that consumers wouldn’t equate “protein” with “healthy” or “low sugar” and that their labeling complied with federal law. However, the judge found that the plaintiffs plausibly alleged consumer deception, particularly with marketing claims like “Backed by Science” and “Used by the Pros,” which aren’t preempted by federal law. The judge allowed the case to proceed but dismissed claims for injunctive and equitable relief, permitting an amended complaint within 21 days. The case is Ian McCausland et al. v. PepsiCo Inc. and more information can be found here.
Class Action Targets Protein Labeling on Erin Baker’s Products August 26: A proposed class action alleges that Baker’s Breakfast Cookies Inc., doing business as Erin Baker’s Wholesale Baked Goods, failed to include the percent daily value for protein in its granola and breakfast cookie products. The complaint, filed in the US District Court for the Northern District of California, claims the packaging prominently displays protein content but omits the required daily value percentage. The lead plaintiff argues that the main protein source is oats which is a low-quality protein, and proper calculation would show only 45% of the advertised protein is digestible. The suit claims this omission violates FDA regulations and misleads consumers. The plaintiff in the case Brown v. Baker’s Breakfast Cookies Inc., N.D. Cal., No. 3:24-cv-05809, seeks to represent a nationwide class and a California subclass, alleging violations of California consumer protection laws, fraud, and unjust enrichment, and seeks damages and an injunction.
Class Action Alleges Misleading ‘No Salt’ Labeling on Kinder’s Seasonings August 28: A class action lawsuit claims P.K. Kinder Co. misleads consumers by labeling seasoning products as “No Salt” despite containing potassium chloride. The complaint, filed in US District Court for the Northern District of California, argues that potassium chloride is a recognized salt substitute. The complaint noted that though “salt” in food typically means sodium chloride or table salt, the FDA issued guidance about potassium chloride in 2020. The FDA’s 2020 guidance allows “potassium salt” labeling to inform consumers, aligning with efforts to reduce sodium intake and prevent chronic diseases. The suit brings claims under California consumer protection statutes as well as claims for breach of warranty and unjust enrichment. A copy of the complaint can be found here.
This Regulatory Update covers information from August 2024. Please contact Paul Benson, Taylor Fritsch, or Leah Ziemba for additional information on regulatory issues that may affect your business. For access to articles and resources from our Premium Member law firm, Michael Best & Friedrich, visit michaelbest.com.
Food and beverage companies continue to be a foundational segment of Wisconsin’s manufacturing industry.
The state is home to eight of the 10 largest food companies in the world and is responsible for more than 141,000 jobs, according to data from WEDC.
Despite the industry’s continued success, food and beverage manufacturers are not immune to the labor shortage affecting companies nationally.
FaB Wisconsin, a cross-industry food and beverage membership organization, hopes to support these manufacturers as they try to find unique ways to attract and retain talent.
To that end, FaB Wisconsin is entering its third year of conducting a talent and wage survey focused on food and beverage manufacturers.
“We began this survey to find out what the industry needs to successfully attract and retain employees,” said Emily Allen, assistant director of FaB Wisconsin. “The group of people needed by food and beverage employers is a little different. They’re a bit more specialized and have some more training.”
Through its 2024 Talent & Wage Survey, FaB Wisconsin is collecting data related to salaries, policies, unique benefits and more.
“There’s a people shortage. That’s why we’re seeing some unorthodox tactics to get people in the door,” said Allen.
The food and beverage industry has its own unique challenges in recruiting and retaining talent due to the strict operational guidelines placed on these kinds of businesses.
“The needs of food and beverage manufacturers are different than other manufacturers,” said Allen. “There are levels of food safety and regulations involved with these companies.”
The 2022 Talent & Wage survey, the most recently completed study, examined 37 different food and beverage manufacturers.
The survey noted that there are more jobs available than job seekers, so manufacturers are introducing creative solutions to find and keep talent. Some manufacturers have introduced incentives like parental leave policies and additional “free” PTO days. Other manufacturers have eliminated testing for marijuana during the employment pre-screening process to make it easier to onboard workers.
“It is an important time for companies to re-evaluate their total rewards strategy,” according to the 2022 survey. “It is no longer just about base pay, related increases, and typical benefits. Wisconsin food and beverage employers are thinking more broadly and inclusively by making greater use of variable pay, flex time, and employee recognition, as well as including more non-traditional benefits and company perks in their total rewards strategies…”
FaB’s 2024 Talent & Wage Survey, sponsored by One Source Staffing, is open for the next two weeks. The survey can be found online.
MILWAUKEE – August 14, 2024 – Milwaukee based Palermo Villa, Inc. recently launched a new Detroit Style Pizza under its Screamin’ Sicilian Pizza brand.
The new pizzas come in a bakeable tray to achieve perfect caramelized cheesy edges and a light and airy crust that Detroit style pizzas are known for. They are made with Screamin’ Sicilian’s secret recipe tomato sauce and piled high with premium ingredients like traditional Screamin’ Sicilian pies.
“We’re excited about our latest pizza creation – Screamin’ Sicilian Detroit Style. We worked hard to perfect the light, airy crust that bakes in the included pan. We ensured that the edges would get that caramelized edge that Detroit style pizzas are known for and of course we overtopped it with premium craft ingredients like we do with all of our Screamin’ Sicilian pizzas.” said Nick Fallucca Chief Product and Innovation Officer for Palermo Villa, Inc. “This is an indulgent pizza that will satisfy your craving for a Detroit style deep dish pizza, but with the convenience of baking it at home.”
Screamin’ Sicilian Detroit Style Pizzas are available in four varieties: Cheese, Pepperoni, Supreme, and Multi-Meat. They can be found at select retailers including Ahold, Bashas, Food City, Harris Teeter, AWG, Jewel, Pick ‘n Save, Sendik’s, Woodman’s, Festival Foods and Piggly Wiggly for a suggested retail price of $10.99.
About Palermo Villa, Inc. Palermo Villa, Inc. is one of the most recognized frozen pizza manufacturers in the United States, known for its innovation and the quality of its branded and private label products. The family-owned company was founded in 1964 and is located in Milwaukee, Wisconsin. Palermo’s growing portfolio of branded pizzas includes Palermo’s® Pizza, Screamin’ Sicilian™, Urban Pie Pizza Co.™, Surfer Boy, Connie’s® Pizza, and Funky Fresh Spring Rolls. Every pizza is made by dedicated Pizzaiolos, drawing on the founder’s Italian roots and family recipes to achieve premium quality. Palermo’s continues to be a leader in innovation in the pizza industry, developing new products and flavors that cater to consumer needs. For more information, visit http://www.palermospizza.com.
Press Release
FOR MORE INFORMATION Rebecca Schimke Public Relations & Events Manager 414-982-6408 r.schimke@palermospizza.com
For most people, messy kids just mean stained carpeting and mountains of laundry. For Rick Kellow and Beth Auehl, having messy kids sparked the idea for a multi-million-dollar business.
It all began one night in the family’s theater room.
“I went downstairs to check on the kids playing video games. There were spilled cans of soda and chips all over the place. I came upstairs and told my wife that we needed to buy a plate that holds both drinks and food,” Kellow recalled.
She assured him that nothing like what he was describing existed. He was incredulous, but after some research, he discovered that she was right.
Just a week later, Kellow turned his vision of a combination plate and cup into a plastic prototype. The dish was a hit with the family, but the $5,000 price tag for the creation of the prototype wasn’t, so, the idea to develop the prototype on a larger scale was shelved.
Although the plan to develop the prototype on a larger scale was shelved, the prototypes themselves didn’t gather dust. They quickly became the favorite dishes of the household. When their oldest child left for college, he took one of the dishes with him. His dormmates loved the spill-resistant design just as much as the family did.
This newfound popularity reignited the discussion about bringing the dishes to market. After careful consideration, Auehl and Kellow decided to invest $50,000 in an injection molding tool in 2015, enabling them to produce the dishes on a larger scale. They named their innovative product GreatPlate, and they began promoting it at tradeshows.
At their first show, they got contracts from Menards and CVS.
The sales were an amazing coup. They sold over 100,000 units, and GreatPlate performed well in stores. However, their big break proved to be short-lived as follow-up orders from these retailers did not materialize.
Years later, QVC discovered GreatPlate and the company’s fortunes changed again. After GreatPlate’s first appearance on the network, sales soared.
“I think we’ve done three and a half million plates with QVC alone,” he said. The strong response from QVC viewers led to guest appearances on the Food Network, the Rachael Ray Show, the Today Show and local newscasts across the country. Auehl makes regular appearances on the network to promote the dishes and Kellow says she has developed a fanbase.
According to the company website, to date, GreatPlates has sold more than $10 million worth of plates.
“It’s been about 9 years for us to become an overnight success,” Kellow jokes.
“For every deal that we got, we had 20 rejections. We would go to Walmart every year and they would say, ‘you’re selling this to us for a dollar and I can buy this for a quarter from China,’” he recalled.
Today, the company continues to grow with the help of its partners Pro Ex Extrusion, Horicon Bank, and investor Tim Algiers.
Oshkosh-based manufacturer Pro Ex Extrusion manufactures GreatPlates. The company makes the classic GreatPlate, as well as a version that allows users to insert a stemmed glass into the dish. Pro Ex also makes the company’s GreatCoasters and is set to begin production on the soon-toto-be-released platter-sized product designed for large meals.
“Right now, we can scale our process. We can double or triple our production in 90 days,” he said.
Another key partner in the growth of the company is the 125-year-old Wisconsin-based financial institution, Horicon Bank.
“We didn’t need money in the beginning because we bootstrapped it on our own,” Kellow said. “Mike Fleischmann from Horicon Bank reached out and said, ‘if you ever need anything, give me a call.’ And sure enough, we started to grow into large programs with QVC, we needed a cash infusion, and you couldn’t have found an easier guy to work with. If you don’t have a good bank behind you, you’re in trouble. That’s the biggest problem with entrepreneurs- how do you finance your receivable? In some cases, these larger buyers take you out 90 to 120 days. That’s pretty hard. Horicon Bank never blinked; they just said ‘okay’. To have that kind of support behind you, that’s one of the most critical pieces. Otherwise, you can’t fulfill the order.”
As their product line expands and their customer base grows, Auehl and Kellow continue to achieve remarkable success. A recent milestone was adding the Southern-based travel center chain Buc-ee’s to their roster of clients.
“One of our big successes right now is Buc-ee’s. They use us, and there are projections that they’re using half a million plates per year,” Kellow said.
Between the impressive list of retailers and the new products created to meet a wider customer base, the future looks bright for this Wisconsin-made innovation.
To learn more about this successful FaB Wisconsin member, connect with the company here.
This update includes FDA and USDA updates, FDA warning letters, lawsuits, and other articles of interest, including the revocation of authorization to use brominated vegetable oil, a proposed new policy to reduce salmonella in raw poultry, findings from a fresh herbs study, and more.
FDA Updates
FDA Revokes Authorization for Use of Brominated Vegetable Oil in Food July 3: The Food and Drug Administration (FDA) is revoking the regulation authorizing the use of brominated vegetable oil (BVO) in food. BVO is a vegetable oil that is modified with bromine. The FDA concluded that the intended use of BVO in food is no longer considered safe after the results of studies conducted in collaboration with the National Institutes of Health found the potential for adverse health effects in humans. The rule is effective August 2, 2024. Companies have one year after the effective date to comply with the rule to reformulate, relabel, and deplete the inventory of BVO-containing products. More information can be found here.
FDA Files Phytolon Ltd. Color Additive Petition July 18: The FDA has filed a petition, submitted by Phytolon Ltd., proposing to amend color additive regulations in 21 CFR part 73 to provide for the safe use of prickly pear yellow for the coloring of foods generally in amounts consistent with current good manufacturing practice. More information can be found here.
FDA Collecting Information on Testing and Corrective Measures for Bottled Water July 23: The FDA is soliciting comments on the procedure by which both domestic and foreign bottled water manufacturers that sell bottled water in the United States maintain records of microbiological testing and corrective measures, in addition to existing recordkeeping requirements. The respondents to this information collection are domestic and foreign bottled water manufacturers that sell bottled water in the U.S. Comments must be submitted by September 23, 2024. More information can be found here.
FDA Collecting Information on Regulations Under the Federal Import Milk Act July 23: The FDA announced a collection of information pertaining to regulations under the Federal Import Milk Act. The information collected will be used by FDA to determine whether a permit to import milk and/or cream into the United States should be granted. Respondents include foreign dairy farms and plants engaged in transporting milk and/or cream into the United States. The comment deadline is August 22, 2024. More information can be found here.
FDA Reopening Comment Period for Food Additive Petition July 25: The FDA is reopening the comment period for the notification of a food additive petition, published in the Federal Register on 4/26/2024, submitted by Environmental Defense Fund, et al. The petition proposes that the food additive regulations be amended to remove fluorinated polyethylene. FDA is reopening the comment period to add the food additive petition to the docket and making a correction to the filing notice. Comments must be submitted by September 23, 2024. More information can be found here.
FDA Warning Letters
Copycat Delta-8 THC Food Products: The FDA and Federal Trade Commission (FTC) issued warning letters to six companies for illegally selling food products containing Delta-8 THC that mimic chips, candies and snacks, and which are sold in deceptive packaging that could easily be confused for popular national brands. The FDA and FTC are concerned that copycat food products containing Delta-8 THC are easy to purchase and often available to youth. The agencies are also concerned that the processes used to synthesize Delta-8 THC can result in edible products that may be harmful or have unpredictable effects on consumers.
Low Acid Canned Food: The FDA issued a warning letter to a Chinese manufacturer of low acid canned food for violating federal regulations relating to the processing of low-acid foods packaged in hermetically sealed containers, rendering the company’s 230g pouches of roasted gluten adulterated.
Adulterated Granola: The FDA issued a warning letter to PepsiCo, Inc. following an inspection of its ready to eat (RTE) food manufacturing facility in Illinois that manufactures RTE granola bars and cereals. The inspection was initiated in response to a Reportable Food Registry report and recall of the company’s granola bars and granola cereals announced on December 15, 2023. The FDA determined that the RTE granola bars and cereals manufactured in the facility are adulterated and violate the Current Good Manufacturing Practice (CGMP), Hazard Analysis, and Risk-Based Preventive Controls for Human Food regulation because they were prepared, packed, or held under insanitary conditions.
Misbranded Dietary Supplements: The FDA issued a warning letter to Formulation Technology, Inc. involving its product (b)(4), which is intended to cure, treat, or prevent migraines. According to the FDA, the (b)(4) product is not generally recognized as safe and effective for this use and is considered an unapproved new drug. The FDA also alleged the product is an adulterated dietary supplement and misbranded because it does not comply with the labeling requirements for dietary supplements and because they have been prepared, packed, or held under conditions that do not meet CGMP requirements for dietary supplements.
FSIS Begins New Allergen Verification Sampling Program July 19: Beginning on September 1, 2024, the USDA Food Safety and Inspection Service (FSIS) will launch a new allergen verification sampling program targeting RTE products that declare the absence of specific food allergens on their labeling. This program will test for common allergens, including soy, various shellfish, eggs, peanuts, milk, various tree nuts, and gluten. FSIS intends to continue to develop the sampling program to include analysis for sesame. FSIS is implementing this program to expand its verification of industry compliance with labeling regulations. This new program expands upon and replaces FSIS’ current soy testing program to include multiple allergens and gluten, in addition to soy. The program aims to ensure the accuracy of labeling claims for allergens in RTE products, ultimately enhancing consumer safety. More information can be found here.
USDA Proposes New Policy to Reduce Salmonella in Raw Poultry Products July 29: The FSIS issued a comprehensive proposed rule and determination to reduce Salmonella contamination and illnesses associated with raw poultry products. The proposed rule would make it illegal to sell chicken, chicken parts or ground chicken and turkey if it is found to be contaminated with certain types of Salmonella. The proposal would establish final product standards to prevent raw chicken carcasses, chicken parts, ground chicken, and ground turkey products that contain any type of Salmonella at or above 10 colony forming units (CFU) per gram/ml and any detectable level of at least one of the Salmonella serotypes of public health significance from entering commerce. The proposed rule would also require poultry establishments to develop a microbial monitoring program to prevent pathogen contamination throughout the slaughter system. Comments on the proposed rule must be received by October 7, 2024. More information can be found here.
Other Articles of Interest
USDA Proposes Amendments to Milk Pricing Amid Dairy Industry Concerns July 10: Following a lengthy hearing process, the USDA’s Agricultural Marketing Service (AMS) proposed amendments to federal milk marketing orders to update milk pricing formulas. The modifications could affect protein, solid content, and surveyed commodity prices, as well as factoring in changes to manufacturing allowances for several dairy products. Some stakeholders, including the American Farm Bureau and National Milk Producers Federation, are cautiously optimistic but express concerns over processing costs and the transparency of data informing these costs. Key changes include raising the value returned to farmers for bottled milk and updating the pricing structures for cheese and butter products. However, proposed reductions in class prices to accommodate processing costs are disputed due to lack of solid data on those costs. The proposed amendments have been published in the Federal Register. Stakeholders have until September 13, 2024 to submit comments. A final rule is expected to be published in mid-November. More information can be found here and on the AMS website.
Petitions Filed with EPA Seek to Ban PFAS in Pesticides and Plastic Containers July 23: Citizen groups have petitioned the US EPA to revise regulations to prohibit per- and polyfluoroalkyl substances (PFAS) and plastic containers that leach PFAS chemicals into stored pesticides. A coalition led by the Center for Food Safety petitioned the EPA to amend the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to ban PFAS from pesticides. The coalition is requesting the EPA adopt a broad regulatory definition of PFAS and prohibit pesticides from being stored or transported in fluorinated high-density polyethylene and polypropylene containers. Earlier in July, the EPA granted a separate petition from environmental groups urging the EPA to take action under the Toxic Substances Control Act (TSCA) to regulate PFAS created through fluorination. In granting that petition, the EPA agreed to address PFAS created during the fluorination of plastic containers that are used in a variety of household and industrial products.
FDA Releases Findings from Fresh Herbs Study July 26: The FDA released findings from a sampling assignment that collected and tested domestic and imported fresh basil, cilantro, and parsley to estimate the prevalence of Cyclospora cayetanensis, Salmonella spp., and Shiga toxin-producing Escherichia coli (STEC) in the herbs. From September 2017 to September 2021, the FDA tested a total of 1,383 samples of fresh basil, cilantro, and parsley. Salmonella was detected in 17 out of 1,358 samples, C. cayetanensis was detected in 18 out of 812 samples, and STEC was detected in 1 out of 1,350 samples. This data will help the FDA develop guidance and update program priorities. More information can be found here.
FDA Announces Food Safety Modernization Act User Fee Rates for FY 2025 July 31: The FDA announced the fiscal year (FY) 2025 user fee rates for importers approved to participate in the Voluntary Qualified Importer Program (VQIP) and accreditation and certification bodies interested in participating in the Accredited Third-Party Certification Program (TPP). The FDA also announced FY 2025 fee rates for certain domestic and foreign facility reinspections, including failures to comply with a recall order and importer reinspections. The user fee rates are authorized by the FDA Food Safety Modernization Act and allow the agency to assess and collect fees to cover the FDA’s cost of administering these programs. The fees apply from October 1, 2024, through September 30, 2025. More information can be found here.
Lawsuits
Nestle Seeks Dismissal of Poland Spring ‘Natural Spring Water’ Labeling Lawsuit July 7: Nestle Waters North America Inc., which owns the Poland Spring brand, is seeking to dismiss a lawsuit alleging the brand’s water does not come from an actual spring. The class action lawsuit alleges that the Poland Spring water is falsely labeled as “100% Natural Spring Water” when it is sourced from wells and boreholes, not natural springs. In a Connecticut federal court, Nestle argued that the term “spring water” means different things to different people and that there is no proof consumers were confused or deceived. U.S. District Judge Jeffrey A. Meyer noted consumer preference for spring water but questioned the definition clarity of what defines spring water. The plaintiffs allege fraud and consumer protection violations, while Nestle contends that definitions and customer perceptions of spring water vary widely. The case, ongoing since 2017, awaits a decision on Nestle’s summary judgment motion with class certification on hold. Judge Meyer has committed to delivering a decision as soon as possible.
Albertsons Seeks Dismissal of ‘Naturally Flavored’ Cereal Bar Labeling Lawsuit July 8: Grocery store chain, Albertsons, urged a California federal judge to dismiss a class action lawsuit accusing it of falsely advertising its Signature Select cereal bars as “naturally flavored,” despite the use of artificial malic acid. The plaintiff, Mark Trammell, claims he was misled by the label and would prefer to consume foods with only natural flavors. Albertsons argues that similar cases have been dismissed nationwide as courts found such labels did not deceive reasonable consumers and did not claim the products were free from artificial ingredients. Albertsons maintains their labeling meets FDA requirements, the presence of malic acid is disclosed, and its use is for flavor balance, not as a characterizing flavor. The plaintiff’s standing to sue is also questioned, suggesting his claims are driven by motives for litigation rather than consumer deception. A copy of Albertsons memorandum to the Court in support of its motion to dismiss can be found here.
Coca-Cola Faces Revised Class Action Suit over PFAS in Simply Orange Juice July 11: An amended proposed class action lawsuit was refiled against Coca-Cola and its Simply Orange Juice Co. subsidiary, claiming that they falsely advertise their juices as pure, healthy, and all-natural, despite allegedly containing PFAS compounds. The plaintiff’s prior complaint was dismissed in June 2024 because the test results were not sufficiently connected to his purchases of Simply Orange products. The amended complaint cites new third-party testing, claiming uniform contamination in the product line, including excessive levels of PFAS in certain products, like Simply Tropical. The plaintiff alleges that testing revealed PFAS levels more than 100 times above health advisory levels for drinking water as issued by the EPA. He further contends that some products he had purchased, including pulp-free Simply Orange and Simply Orange with Mango, contained dangerous levels of PFAS compounds. According to the complaint, Coca-Cola has been aware of PFAS since at least 2021 but continued to market the Simply Orange products under the guise of being natural and using “pure filtered water,” without disclosing the presence of PFAS. The plaintiff argues that this constitutes misbranding, as well as negligence and unjust enrichment, and it violates the New York Deceptive Trade Practices Act and New York State Agriculture and Markets Law. A copy of the amended complaint can be found here.
Snapple Owner Wins Temporary Dismissal in ‘All Natural’ Labeling Class Action July 17: Keurig Dr Pepper Inc. has temporarily prevailed in a case where it was accused of falsely advertising its Snapple and Nantucket Nectars beverages as “all natural” while they allegedly contain PFAS chemicals. The lawsuit was dismissed by the Eastern District of New York because the lead plaintiff, Timothy Walker, did not provide sufficient details about his injury for standing purposes, such as the timing of his purchases or when he conducted the testing that allegedly detected PFAS. The lawsuit alleged consumers were misled by the “all natural” label and sought claims under New York’s General Business Law for breach of warranty, fraud, and unjust enrichment. However, the Court found the evidence presented, particularly around systematic contamination and PFAS levels, to be inadequate without more precise information. The dismissal was without prejudice, meaning Walker can file an amended complaint.
Eggland’s Best Faces Class Action over Alleged Deceptive ‘Cage Free’ Egg Labeling July 24: A proposed class action lawsuit was filed against Eggland’s Best Inc. in the US District Court for the Northern District of Illinois for falsely marketing some eggs as “cage free” when, as the lawsuit alleges, the eggs are produced by hens living in cramped, factory-farm conditions. The plaintiffs assert that the packaging is deceptive because it claims that hens are free to roam in natural environments. They argue that consumers are misled to pay a premium for these eggs under the belief they are encouraging better animal welfare standards. According to the complaint, the hens are kept in large, artificial structures that restrict natural behavior and outdoor access. The lawsuit is based on claims of consumer fraud and unjust enrichment under Illinois law. A copy of the complaint can be found here.
Environmental Groups Sue EPA over PFAS in Plastic Containers July 25: In addition to the petitions filed with US EPA described above, environmental groups also filed a lawsuit against the EPA in the US District Court for the District of Columbia alleging the lack of action to regulate the distribution of plastic containers contaminated with PFAS. The environmental groups argue that the EPA violated the Toxic Substances Control Act (TSCA) by failing to act within 180 days of receiving information that suggests a significant risk of harm from PFAS and they ask EPA to halt the manufacture and distribution of “tens of millions” of containers. The complaint alleges a harmful type of PFAS is created through the fluorination of plastic containers by Inhance Technologies LLC and the EPA is obligated to act under TSCA as the agency had conclusive data since March 2023 that PFAS is found in fluorinated plastic containers. However, the EPA previously attempted to order a halt to Inhance’s production of PFAS in plastic containers only to be struck down in court. A copy of the complaint can be found here.
This Regulatory Update covers information from July 2024. Please contact Paul Benson, Taylor Fritsch, or Leah Ziemba for additional information on regulatory issues that may affect your business. For access to articles and resources from our Premium Member law firm, Michael Best & Friedrich, visit michaelbest.com.
MADISON – The Department of Workforce Development (DWD) has awarded $206,130.68 in Regional Career and Education Equipment grants to eight school districts in Southeast Wisconsin. The funding will help schools prepare students for quality jobs and address the state’s skilled workforce shortage.
Schools will use the funding to upgrade career and technical education training equipment and facilities, including modernizing a manufacturing lab, launching a meat science laboratory, and providing tools for advanced culinary training.
“Each of these grants will help students develop foundational skills and prepare them for the workforce,” said DWD Secretary Amy Pechacek. “By providing training in industries where skilled workers are in short supply, school districts are connecting students with stable careers. At the same time, schools are helping to reduce higher education costs through dual enrollment credits, industry-endorsed certificates, and technical endorsements.”
These grants were funded by a 2020 donation by the IKEA US Community Foundation. The donation aimed to address workforce needs and improve racial equality in employment in school districts located in Kenosha, Racine, Walworth, and Milwaukee counties.
School District of South Milwaukee, Milwaukee County | $29,789.20
The district will use grant funds for a new TRAK CNC knee mill, which will modernize the school district’s manufacturing lab and offer students experience working with cutting-edge manufacturing technology.
Wauwatosa School District, Milwaukee County | $29,995.51
This grant will be used by the district to purchase 18 new Dell Precision computer workstations with monitors and accessories. They will provide students the opportunity to learn building information modeling principles and Revit, both highly sought after skills in the construction industry.
Kenosha Unified School District Kenosha County | $30,000
The district will use funds to acquire two Snap-on electricity introduction, measurement, and circuits certification kits, and a Snap-on hand tool identification and safety certification kit. These kits will help students gain skills aimed at preparing them for an array of careers.
Milwaukee Public School District, Milwaukee County | $29,654.25
These funds will be used to purchase equipment to launch a meat science laboratory, including a two-door commercial freezer and refrigerator, commercial-grade Smokehouse digital smoker, a 40-pound meat mixer, motorized sausage stuffers, and a chamber vacuum sealer.
Williams Bay School District, Walworth County | $30,000
The district will use funds for Amatrol Industry 4.0 Learning Systems, which deliver classroom-based skill performance assessments. The assessment evaluates how well a learner performs a hands-on skill, which includes real-world industrial components, for the closest possible experience to working on the job.
Lake Geneva–Genoa City Union High School District, Walworth County | $5,329.75
The district will purchase and install wall ovens to help students gain career readiness in the culinary field.
Elkhorn Area School District, Walworth County | $24,541.97
The grant will be used for equipment to provide culinary students hands-on training and the opportunity to earn industry-recognized credentials from the National Restaurant Association. This includes four free-standing electric range self-cleaning convection ovens, six large countertop microwaves, and an upright freezer.
Oak Creek-Franklin Joint School District, Milwaukee County | $26,820
The district will use grant funds for two computer numerical control (CNC) manual knee mills and a CNC manual mill and lathe mill to create new work-based training programs with local employers and increase industry-recognized credentials.
RACINE, Wis. (July 23, 2024) — Wisconsin-based, multigenerational business O&H Danish Bakery today announced Peter Olesen has been named President of the company after 12 years serving in leadership roles for the company and serving as a fourth-generation co-owner of O&H. With this transition, Eric Olesen will assume the role of President Emeritus.
“As a father and a business owner, this is what I’ve been working towards. It is a privilege to be passing the torch to my son Peter. I have every confidence he will continue to build on the success of each generation before him. The future of O&H Danish Bakery is well-rooted in the Olesen family values and its community, and I can’t wait to see the personal touch that Peter brings to the business,” said Eric Olesen, third generation co-owner and President Emeritus of O&H Danish Bakery.
Peter Olesen brings decades of business experience, most recently serving as Vice President for the bakery, as well as a lifetime of knowledge learning and understanding the values that drive O&H’s business and culture. He is well positioned to lead O&H into the future focused on quality and well-honed traditional methods to deliver the scratch-made family recipes and service O&H customers from around the world have come to expect.
“I have spent my entire life in this bakery watching my grandfather’s and father’s vision come to life through hard work and commitment. To be President of O&H Danish Bakery feels both humbling and thrilling. I am honored to continue my family’s legacy upholding our Danish heritage and creating the best baked goods and experience for all our customers,” said Peter Olesen, fourth generation co-owner and President of O&H Danish Bakery. “It is our hope that with every slice or gift from our bakery, our customers feel the passion and care each member of our family and team has for the work that we do.”
This transition marks another milestone for the company as it commemorates its 75th year in business which it plans to celebrate with the community later this year. As each new generation has stepped forward to lead, the company has stayed true to its foundation prioritizing strong Danish and family values and a level of quality demanded by the Olesen-seal of approval. Since its founding in 1949, the bakery has grown to make hundreds of thousands of Kringle every year with retail locations in Southeast Wisconsin and extensive national and global online offerings including seasonal Kringle available at Trader Joe’s stores across the country.
Customers can visit any of O&H’s five bakery locations in Southeast Wisconsin or shop O&H’s extensive online mail order offerings with two-day nationwide shipping available for Kringle, gourmet gift packages and more at www.ohdanishbakery.com.
About O&H Danish Bakery O&H Danish Bakery was started by Christian Olesen, who emigrated from Denmark in 1924 and created the bakery 25 years later. The bakery is now run by the third and fourth generation of the Olesen family. O&H Danish Bakery has five locations located in Racine, Sturtevant and Oak Creek. The award-winning bakery, that was showcased on Food Network’s “The Best Of” program and had its Kringle named Best Bakery Item in Trader Joe’s annual Customer Choice Awards, also delivers right to your doorstep all across the country.
MEDIA CONTACT: Alicia Wilson 414-270-7168 awilson@laughlin.com
MANITOWOC, WI – Join the Farm Wisconsin Discovery Center to celebrate its sixth anniversary Thursday, July 25 through Saturday, July 27. From 9:00 a.m. to 1 p.m. each day, attendees can participate in various activities, visit with animals, and meet special guests. In honor of the anniversary, kids ages eighteen and under will get in FREE for the whole weekend, thanks to the generous sponsorship of Masters Gallery Foods and Lakeside Foods.
“Since opening in July of 2018, tens of thousands of visitors have walked through the Farm Wisconsin doors, all leaving with a better sense of modern-day farming and processing practices,” shares Abigail Winkel, Farm Wisconsin brand manager. “We hope to welcome many of those visitors back, along with new guests to our facility as we mark six years of operation this summer.”
All three days, Farm Wisconsin’s partner, Cedar Crest, will be offering samples of Blue Moon ice cream for guests to try. Throughout the event, kids can take a joyful barrel train ride pulled by a tractor around the parking lot. Additionally, goat friends Willow, Clara, and Oreo will be on site for petting and photo opportunities.
The Olympics are coming to Farm Wisconsin with a farmer twist during the anniversary celebration. Participants can partake in various Farm Olympic challenges, including an egg on a spoon race, a feed weighing race, a cherry pit spit contest, wheelbarrow races, and a three-legged race. The challenges will take place throughout the day, each day of the event.
In addition, the Wisconsin Café will be launching their new menu for the first time over the weekend. From 8 a.m. to 2:30 p.m., guests can try some of the new dishes such as the Berry Crepes, Rooster Bowl, and the Mac and Cheese Bowl.
Special one-day activities:
Thursday, July 25 American Drone will be attending the celebration with their newest drone models. Watch a spraying demonstration and learn how this technology is benefiting the farming industry. Visit with a mink farmer and feel a mink pelt from Zimbal Mink.
Friday, July 26 Experiment with Wisconsin Beef Council’s spice rub bar. Guest will get the opportunity to create their own grill seasoning and take it home to enjoy. Next, watch a floral arrangement demonstration led by members from Mishicot FFA.
Saturday, July 27 For all of the horse lovers, a special horse guest will be on site to befriend and pet. Meet the 77th Alice in Dairyland, Halei Heinzel, and try her sweet ice cream activity. In addition, Elizabeth Benicke, Sheboygan County Fairest of the Fair, will be visiting from 9:00 a.m. to 12:00 p.m. From 10:00 a.m. to 1:00 p.m., guests can purchase and get a signed copy of local author Lori Helke’s book: Wisconsin Harbor Towns.
All sixth-anniversary activities are included in the price of regular admission to Farm Wisconsin. Tickets can be purchased in advance online or at the front desk on the day of the event.
Farm Wisconsin Discovery Center The Farm Wisconsin Discovery Center is an interactive agricultural education center located along I-43 in northeastern Wisconsin. Farm Wisconsin connects visitors’ curiosity to the wonder of Wisconsin agriculture and provides guests with a better understanding of their food sources and their importance. Regular Farm Wisconsin admission rates are $16 for adults, $14 for seniors 62 and older, and $10 for youth 3-18. Children 2 and younger are admitted free of charge. More information can be found at farmwisconsin.org.
