Defense Litigation Insider Helping you navigate a clear path through complex litigation.

Javier F. Flores

Posts by Javier F. Flores

Craft V. Crafty: The Blue Moon Class Action Suit Against MillerCoors LLC

Posted in False-Labeling Claims

MillerCoors LLC, owner of the Blue Moon Brewing Company (“Blue Moon”) brand and purported brewer of the Belgian-style witbier, recently removed to the U.S. District Court for the Southern District of California a class action lawsuit filed by Evan Parent on behalf of himself and all similarly situated consumers.  Despite the fact that he claims… Continue Reading

Whole Foods Faces Tremendous Risk In Connection With The Death of an 8 Year-Old From E. Coli 0157:H7 Infection

Posted in All Practice Areas, Foodborne Illness, Massachusetts Courts

The parents of Joshua Kaye, an 8 year-old boy from Braintree, Massachusetts who died on July 7, 2014, after contracting an E. coli 0157:H7 infection that turned into hemolytic uremic syndrome, have filed suit against Whole Foods, the retail store from which they allege to have purchased the contaminated meat, and Rain Crow Ranch, a… Continue Reading

Are California Food Manufacturers Prepared for Proposition 37: Imposed Labeling Mandates For Genetically Modified Organisms?

Posted in California Courts, False-Labeling Claims, Foodborne Illness, Litigation Trends

California’s Secretary of State recently announced that the California Right to Know Labeling Initiative will be Proposition 37 on this November’s state ballot. If passed, this initiative would require labeling by food manufacturers of any genetically modified organisms (GMOs), also known as genetically engineered organisms (GEOs). GMOs made their first public appearance in 1994, when… Continue Reading

Cargill Initiates Salmonella-Related Recall Of Ground Beef Distributed In The Northeast

Posted in Foodborne Illness

OnJuly 22, 2012, Cargill Meat Solutions Corporation (“Cargill”) announced a Class I voluntary recall of approximately 30,000 pounds of fresh ground beef due to contamination from Salmonella Enteritidis.   The recall follows a Salmonella outbreak involving 33 patients in seven states (MA, ME, NH, NY, RI, VA, VT).  An investigation performed by the Food Safety and… Continue Reading

UPDATE: The Pink Slime Backlash

Posted in Foodborne Illness

 As we reported several weeks ago, there has been a media fueled public outcry against the inclusion of Pink Slime, which is otherwise known as, “lean finely textured beef,” or “LFTB,” in ground beef.  LFTB is comprised of the beef scraps which remain after the valuable cuts of meat are sold.  These pieces of meat… Continue Reading

FDA Pumps The Brakes On Nanotechnology In The Food Industry

Posted in Foodborne Illness, Litigation Trends

Nanotechnology is a cutting edge technology which involves the use of engineered, non-soluble material so tiny, it cannot be seen through a light microscope. Through manipulation of the chemical, physical and biological properties of nanomaterials, manufacturers can significantly alter the product into which they are added.   The potential capabilities of this technology in the food industry are… Continue Reading

Can The Food Service Industry Navigate The USDA’s Zero Tolerance Policy on E.coli and Still Put Food On The Table?

Posted in Foodborne Illness, Litigation Trends

Co-authored by Brian Gross  The USDA has recently announced that it will delay implementation of a controversial new program to extend its Zero Tolerance Policy for E. coli 0157:H7 to include six additional E. coli serogroups:  O26; O45; O103; O111; O121; and O145, which the USDA declared adulterants in non-intact raw beef.  The new policy, which… Continue Reading

Food Safety: Assessing The Future Of Third-Party Auditors

Posted in Foodborne Illness

Co-authored by Brian Gross  A company’s interest in protecting its brand by providing a safe product to consumers, in conjunction with the increased regulatory requirements set forth under the Food Safety Modernization Act (FSMA) require that entities active in the food supply chain take appropriate measures to verify that their suppliers comply with Current Good Manufacturing… Continue Reading

Congress Boosts FDA’s Ability to Effectuate Food Safety Modernization Act

Posted in Foodborne Illness, Products Liability

Co-authored by Brian Gross In our October 25, 2011 post, Food Safety Modernization Act: Did Congress Bite Off More Than It Can Chew? we expressed concern regarding the FDA’s ability to fully implement the Food Safety Modernization Act (“FSMA”) given its budgetary restrictions.   As outlined in our prior post, FSMA provides for increased regulation and oversight… Continue Reading

Food Safety Modernization Act: Did Congress Bite Off More Than It Can Chew?

Posted in Foodborne Illness, Products Liability

Co-authored by Brian Gross The recently enacted Food Safety Modernization Act (FSMA), which was signed into law by President Obama on January 4, 2011, provides the U.S. Food and Drug Administration (FDA) with increased power.  The FSMA, which represents the culmination of more than a decade long effort to reform this country’s food safety oversight system,… Continue Reading

Cargill Turkey Contaminated With Salmonella Bacteria Results In National Recall

Posted in Foodborne Illness, Products Liability

Co-authored by Brian Gross Cargill Meat Solutions Corporation (“Cargill”) recently announced the voluntary recall of approximately 36 million pounds of ground turkey believed to be contaminated with salmonella.  The recall represents approximately 6% of the national production of ground turkey in a given year.  Federal Health authorities have attempted for several months to determine the source… Continue Reading