Animal rights groups often pursue consumer-type cases against food producers and argue that packaging claims and images supposedly mislead buyers into thinking that the animals turned into food were humanely raised. The goal really isn’t transparency. The goal is to use the cost of defending such claims to end the eating of animals as food. On August 9, 2024, the D.C. Circuit knocked out such a case on standing grounds. Animal Legal Defense Fund, Inc., v. Vilsack, No. 23-5009 (D.C. Cir. Aug. 9, 2024). Continue reading “D.C. Circuit Bounces Animal Rights Case on Standing Grounds”
Animal Rights Challenge to Cartoon Poultry Product Labels Fails
A federal court in Washington, D.C. recently tossed a lawsuit brought by the animal rights group, Animal Legal Defense Fund (ALDF) challenging poultry products labels that had been approved by the Food Safety and Inspection Service (FSIS) of the U.S. Department of Agriculture. The court determined that ALDF had no standing to sue. ALDF v. Vilsack, No. 1-21-cv-01539 (CJN) (D.D.C. Nov. 14, 2022). Continue reading “Animal Rights Challenge to Cartoon Poultry Product Labels Fails”
Ninth Circuit Bounces Consumer’s Claim of Misleading Poultry Product Labeling
On June 4, 2021, the U. S. Court of Appeals for the Ninth Circuit affirmed the dismissal of a putative state law consumer class action claiming that chicken products marketed by Trade Joe’s were mislabeled. Webb v. Trader Joe’s Co., ___ F.3d ___, No. 19-56389 (9th Cir. June 4, 2021). The labels stated that the products contained “[u]p to 5% retained water,” but plaintiff claimed that an independent laboratory test showed that the products “contained on average, 9% Retained Water.” Slip op. at 5. The Ninth Circuit affirmed the district court’s ruling that all of plaintiff’s claims were pre-empted by the federal Poultry Products Inspection Act (PPIA), 21 U.S.C. § 467e. Continue reading “Ninth Circuit Bounces Consumer’s Claim of Misleading Poultry Product Labeling”