Latest news with #mislabeling
CBS News
3 days ago
- General
- CBS News
Inside SoCal: Seafood Uncovered (6/29)
Is the seafood on your plate really what you ordered? It might not be. A Loyola Marymount University project got to the bottom of the matter and inspired change in SoCal restaurants. THE LOS ANGELES SEAFOOD MONITORING PROJECT Assistant Professor of Biology, Demain Willette, and his Loyola Marymount University students posed a simple question: "Is the seafood ordered at local restaurants really what is served on the plate?" The answer was interesting – almost half of the time, what was ordered wasn't what was served. Fish mislabeling was extremely common, but since the inception of the Los Angeles Seafood Monitoring Project, things have changed for the better. Learn more about the project and its findings at FOUND OYSTER If you've ever been curious about shucking an oyster, Chef Ari Kolender can certainly help you out. In fact, during the pandemic, his newly opened restaurant, Found Oyster (opened Fall 2019), did just that. They offered oysters to go, but with a caveat - you had to shuck them yourself. Thankfully, those days are behind us and you can belly up to the oyster bar and leave it to the pros. And don't just try the oysters, the entire menu is filled with delectables from the sea brought in fresh daily. Our favorites are the lobster roll, daily crudo and the clam chowder. Found Oyster 4880 Fountain Ave. Los Angeles, CA 90029
Reuters
23-06-2025
- Business
- Reuters
Court revives lawsuit against supplement maker, applies lower bar for mislabeling claims
June 23 (Reuters) - A U.S. appeals court revived a proposed class action against a dietary supplement company on Monday, ruling that a single test showing its product had a misleading nutrition label was enough for the case to move forward. The San Francisco-based 9th U.S. Circuit Court of Appeals reversed a lower court's ruling that had dismissed a lawsuit against ProSupps USA over claims that its Hydro BCAA product had far more carbohydrates and calories than the label listed. The appeals panel said, opens new tab the plaintiff, Jacob Scheibe, had enough initial evidence to accuse ProSupps of mislabeling its product under California law, rejecting the lower court's holding that Scheibe needed to use a more elaborate testing regimen set by the U.S. Food and Drug Administration. The ruling means that in the 9th Circuit, where district courts have issued varying rulings on product testing requirements for lawsuits alleging mislabeling under state law, it could become easier for consumers to bring such claims. The 9th Circuit said that in the initial phase of a lawsuit, a plaintiff doesn't have to follow the full FDA sampling process to accuse a company of using a false nutrition label. For labels on products fortified with protein and other nutrients like those sold by ProSupps, the FDA requires testing on 12 samples, each taken from different lots of product, a nearly impossible thing for an everyday customer to replicate, said Charles Weller, the attorney for the plaintiff. Until now, some courts in the 9th Circuit were requiring it before a mislabeling lawsuit could be filed, he said. Representatives for ProSupps did not immediately respond to requests for comment. Customer Jacob Scheibe filed the proposed class action against the company in 2022, claiming that the label on the Hydro BCAA powdered supplement said they contained zero carbohydrates and zero calories, but a test using an FDA-prescribed process showed the product had more than five grams of carbohydrates and more than 50 calories per serving. He brought claims under California's consumer deception laws on behalf of a class of California ProSupps customers. The trial court dismissed the lawsuit, agreeing with ProSupps that Scheibe needed to use the 12-sample method to avoid having his claims preempted by federal labeling law. In its ruling reversing the lower court, the appellate court said Scheibe's one test of the product and the results that showed a significant difference from what the label read were enough to allow an inference that more testing would also show the label was wrong. The case is Scheibe v. ProSupps USA LLC, U.S. Court of Appeals for the 9th Circuit, No. 23-3300 For the plaintiffs: Charles Weller For ProSupps: Jessica Walker of Theodora Oringher; and Jaikaran Singh of Foley & Lardner
The Independent
19-06-2025
- The Independent
Forensic testing reveals ‘wool' clothing made of domestic cat fur
An investigation by Collective Fashion Justice and Australia 's Animal Justice Party uncovered mislabeled animal fur products being sold in Victoria. Children's vests from fashion brand Suttons UGG, labelled as '100 per cent Australian sheepskin or wool', were found to contain domestic cat and rabbit fur through forensic testing. Two beanies sold at a Queen Victoria market in Melbourne, labelled as 100 per cent acrylic, were revealed to be made from fox and raccoon dog fur. These discoveries have prompted animal rights groups and the Animal Justice Party to call for a statewide ban on the sale of all animal fur in Victoria. Previous efforts include a 2004 ban on cat and dog fur import/export and a 2020 investigation by Consumer Affairs Victoria that found widespread mislabeling of fur products prompted warnings to be issued to fur sellers. Outrage after cat fur clothing sold in Australia
Daily Mail
11-05-2025
- Health
- Daily Mail
Tragic cookie mishap led to death of elderly woman after shopping at popular supermarket chain
After taking one single bite of a cookie purchased from a Safeway grocery store, an elderly Washington woman died from a severe allergic reaction - and now her family is seeking justice. Peggy Bryant, 78, tragically died in 2023 after taking a bite of a peanut butter cookie mislabeled as an oatmeal raisin while shopping at a Safeway in Duvall. She was just months away from celebrating her 60th wedding anniversary with her high school sweetheart, King 5 News reported. Now, two years later, Bryant's family has filed a lawsuit in federal court against the popular supermarket chain, seeking accountability for what they believe was an entirely preventable tragedy. 'The last few minutes of my mom's like were tragic and awful and painful,' Lisa Bishop, Bryant's daughter, told King 5 News. 'Do the right thing,' she added. 'I don't want it to happen to anybody else. Labels are there for a reason and I don't want anybody else to die from mislabeling.' On April 7, 2023, Bryant had just finished shopping when she decided to open up one of her favorite treats - an oatmeal raisin cookie she purchased just minutes before. However, after just one bite, she realized something was terribly wrong - what was supposed to be a safe-to-eat oatmeal raisin cookie, was actually filled with peanut butter. 'She realized that the cookie she was eating was actually a peanut butter cookie,' Bishop told King News. 'And she's deathly allergic to nuts, peanuts.' Bryant was rushed to a nearby hospital, but tragically succumbed to the severe allergic reaction within the hour. A coroner's report later confirmed that anaphylaxis - a life-threatening allergic reaction - was the cause of her death, according to her son-in-law, Greg Bishop, King News reported. 'When they got the blood results back, he said it was clearly anaphylaxis,' Greg Bishop told the outlet. 'Her blood vessels had basically broken down.' Following Bryant's devastating death, the health department conducted an inspection and requested a recall of the mislabeled product - a directive Safeway ultimately complied with, according to the outlet. However, Bryant's family believes they have a duty to prevent similar incidents from happening again, especially since their loved one's death could have been easily avoided by the chain. 'I knew that we just had to do something,' Lisa told King News, adding how the error forever changed their family. 'Just growing up with her, she was just always filled with joy and fun,' she recalled. The family's lawsuit, filed in federal court, seeks accountability for the deadly mix-up and aims to highlight the critical importance of proper food labeling to prevent any further tragedies. 'Do the right thing,' Lisa asserted. Last year, Órla Baxendale, a British ballet dancer originally from Helmshore, East Lancashire, but based in New York City, tragically went into anaphylactic shock and died after consuming vanilla Florentine cookies that contained peanuts. The cookies, which were purchased from a Stew Leonard's store in Connecticut, were subsequently recalled due to the packaging not having a peanut allergy warning. In May of 2024, her family filed a lawsuit, accusing the grocer and manufacturer Cookies United of being 'careless and negligent' in causing Baxendale's death. Both companies were named in the lawsuit, along with several Stew Leonard's employees. Baxendale, who had a severe peanut allergy, had moved to New York City from England to pursue a career as a dancer and was in 'the prime of her life', according to the lawsuit filed at the Superior Court in Waterbury. The complaint, reviewed by stated that Baxendale had a known severe peanut allergy and she, 'like all consumers, relied upon the manufacturer and seller to properly label the package sold to the general public'. The family's lawsuit, filed in federal court, seeks accountability for the deadly mix-up and aims to highlight the critical importance of proper food labeling to prevent any further tragedies However, the cookies she consumed 'contained, among other things, undeclared peanuts and other known allergens', despite not being labeled as so, according to the complaint. The suit alleged that Cookies United failed to properly label that the Florentine cookies contained peanuts prior to distribution. According to the suit, 11 Stew Leonard's employees were 'notified by email' of the change in ingredients, including the 'addition of peanuts to the cookie recipe in July 2023, approximately six months before Baxendale's death. The manufacturer then sent 'bulk packaging' that contained a label indicating the cookies contained allergens - including peanuts - in October that year. However, Baxendale consumed a cookie that had not been properly labeled to indicate the ingredient change in January 2024. She went into anaphylactic shock and an EpiPen was administered, but 'due to the severity of her allergy, it was not effective', family attorney Marijo C. Adime said in a statement at the time. The suit accused Stew Leonard's of ignoring alerts from the manufacturer, and alleged that the store did not update product labels once it received notice of a change in ingredients. 'The failure to properly label the package prior to the distribution and sale of the Florentine Cookie(s) was grossly negligent, intentional, reckless, callous, indifferent to human life, and a wanton violation as the manufacturer and seller were required under the law to properly declare the ingredients,' the lawsuit read. It further alleged that the systems Stew Leonard's had in place to maintain and update labels are 'broken, unreliable, inherently dangerous, undependable, untrustworthy, erratic, and deplorable'. The lawsuit sought unspecified monetary and punitive damages.
The Independent
09-05-2025
- Health
- The Independent
‘Labels are there for a reason': Families sues after cookie mixup kills a 78-year-old grandmother
A Washington family is suing grocery chain Safeway over the death of their beloved 78-year-old grandmother, who died after eating a peanut butter cookie that they say was incorrectly labeled. Margaret Jean 'Peggy' Bryant purchased a cookie, which was packaged as an oatmeal raisin cookie, from a Safeway store in Duvall on April 7, 2023. Her family said she was 'deathly allergic' to peanuts. According to legal documents seen by The Independent, later that night, Bryant began eating one of the cookies from this package and almost immediately complained of feeling unwell. She went to the bathroom and was found unresponsive by her husband, Dennis Bryant, a short time later. Despite calling 911 and an ambulance, she went into cardiac arrest and later died. The couple, who were childhood sweethearts and had been married for 59 years, were due to celebrate their 60th wedding later this year. 'Do the right thing, and I don't want it to happen to anybody else,' her daughter Lisa Bishop told KBTX. 'Labels are there for a reason and I don't want anybody else to die from mislabeling.' It was later discovered that the cookies purchased by the Bryants had been incorrectly labeled by Duvall Safeway bakery staff and, to the family's horror, the package of cookies sold to them contained peanut butter cookies rather than oatmeal raisin cookies, according to the lawsuit. An autopsy concluded that her manner of death was an "accident" and that Bryant died from food-induced anaphylaxis and peanut toxicity caused by these negligently mislabeled cookies. The health department did an inspection and requested a recall. Safeway have issued a notice in response. The Bryant family has demanded $9.5 million to resolve the case. 'Obviously, no amount of money can compensate for this loss,' a letter from family lawyers stated. 'Peggy was an active, healthy, warm, vibrant, loving woman with a bright smile. 'She still had many years of life left to enjoy, love and support her husband, children and grandchildren, extended family and future blessings of great-grandchildren,' the lawyer noted. Bishop, called for stores to take more care. 'My mom loved oatmeal raisin cookies,' she told KBTX. 'She realized that the cookie she was eating was actually a peanut butter cookie and she's deathly allergic to nuts, peanuts.' According to Bishop, and the the lawsuit, Bryant endured 'unimaginable pain and suffering shortly before her death.'
