On August 22, 2014, the Texas Supreme Court, in an 8-1 decision, upheld the Texas Medical Liability Act’s 10-year statute of repose as applied to minors and overruled constitutional challenges to the statute under both the open courts and retroactivity
August 2014
Services “worth less” not “worthless” false claims
An appeals court has stricken a $9 million False Claims Act (FCA) verdict for alleged nursing-home neglect, weakening the availability of the “worthless-services” theory as a basis for seeking treble damages against healthcare providers.
Momence Meadows Nursing Center, Inc. appealed…
USDA announces additional food safety requirements in new final rule
On July 31, 2014, the United States Department of Agriculture’s (“USDA”) Food Safety and Inspection Service (“FSIS”) announced additional food safety requirements for chicken and turkey products. Specifically, the Modernization of Poultry Slaughter Inspection final rule will work to control…
Vermont AG seeks dismissal of GMO labeling case
Vermont’s Attorney General recently asked the state’s federal district court to dismiss a lawsuit attempting to strike down Vermont’s new GMO-labeling law. Vermont Act 120, which was signed by the governor in May, will require retailers to identify food that…
Colorado GMO-labeling initiative likely to make fall election ballot
“Right to Know Colorado GMO” has collected approximately 167,995 signatures in favor of its ballot initiative requiring manufacturers to disclose which foods contain genetically modified organisms (“GMOs”). The number of signatures obtained is more than enough to present the initiative…
New export requirements for Canadian fish processors and brokers
The Canadian Food Inspection Agency (CFIA) recently announced that it is in the process of modifying the procedure for certifying compliance with the Fish Inspection Regulations. This step is the latest phase of a two-year plan originally identified by…
Got (Unpasteurized) Milk? Cow-share program illegal under Health Protection and Promotion Act
The Supreme Court of Canada has refused leave to appeal in a decision of the Ontario Court of Appeal regarding the rights of an individual to run a “cow-share” program providing unpasteurized milk and milk products to program members bringing…
Health Canada proposes lowering the maximum acceptable concentration of industrial chemical in drinking water
Health Canada is conducting a consultation on a report recently released by the Federal-Provincial-Territorial Committee on Drinking Water (“CDW”) in July 2014 (the “Report”) that proposes lowering the maximum acceptable concentration (“MAC”) in water of a chemical, commonly used in…
FDA Warning Letter update
It is FDA’s practice to issue Warning Letters in order to provide individuals and companies an opportunity to take voluntary and prompt corrective action before it initiates an enforcement action. The agency’s position is that it issues Warning Letters only…
Food Safety and Inspection Service promulgates proposed rule to mandate beef grinding records
To improve the safety of ground beef, the US Department of Agriculture’s (“USDA”) Food Safety and Inspection Service (“FSIS”) issued a proposed rule on July 16, 2014 entitled “Records To Be Kept by Official Establishments and Retail Stores That…