Issue link: http://osercommunicationsgroup.uberflip.com/i/510139
R e s t a u r a n t D a i l y N e w s 6 3 M o n d a y, M a y 1 8 , 2 0 1 5 SEMINAR TO EXAMINE CURRENT LEGAL AND SCIENTIFIC ISSUES IN EXTRA VIRGIN OLIVE OIL By Lorrie Baumann Retailers who understand new grading and testing standards for extra virgin and other olive oil products will be in a better position to capture a premium price for extra virgin olive oil that have health benefits that are not conferred by lesser grades, according to attorney Christopher Van Gundy, who practices food law in California. Moreover, they will substan- tially reduce their liability exposure or harm to their name (particularly with pri- vate labels) from ever increasing litiga- tion involving alleged false advertising filed by consumer and government attor- neys. In addition, the seminar will provide grocery retailers and their suppliers and manufacturers with in-depth information about the nutrition science behind extra virgin olive oil that support premium pricing. Olive oils are generally sold side-by-side on a shelf, with the oils grouped together by brand, which gives consumers little information other than price to help them distinguish between the products. If consumers can't distin- guish a benefit for the higher-priced products due to quality or authenticity issues, they're unlikely to pay the premi- um and eventually, demand for premium extra virgin olive oil may suffer, accord- ing to Van Gundy. Retailers who really understand the science, testing and law behind extra virgin olive oil and why it is worth a premium price will be better equipped to capture that value from con- sumers, Van Gundy said. "Some of the lesser grades of oil are being priced the same as extra virgin olive oil, while real health benefits are in the extra virgin, and they should capture a premium," he added. "Price confusion about quality goods hurts everyone. You can no longer capture a premium if the higher quality oil is priced the same as the lower quali- ty product.... If retailers understand the best science, testing issues and the law, they can help eliminate the confusion and capture the premium being lost, and that's good for everybody. Retailers are the interface to the consumer and can help eliminate the confusion for the con- sumer. If they're selling olive oil that's labeled extra virgin and it's not, they and everyone in the industry eventually will lose out on the premium." Van Gundy is a partner in Keller and Heckman, LLP, a San Francisco food law firm that practices in the areas of regula- tory compliance, litigation, advertising and supply chain counseling with respect to food products. He was recently involved in Pom Wonderful's lawsuit against Coca Cola for a product that was labeled "Pomegranate Blueberry" but contained 99 percent apple and grape juice. The U.S. Supreme Court ruled in that case that Pom Wonderful could claim that the Coca Cola product's label was deceptive even if it complied with Food and Drug Administration labeling requirements. The current plethora of consumer class action lawsuits involving deception with respect to product claims such as "all natural," the new California stan- dards for olive oil grades and testing, new regulations that are part of the Food Safety and Modernization Act, as well as concerns about the authenticity of prod- ucts and greater consumer awareness of these issues, are all reasons why retailers should take a hard look at their supply chains and understand the laws and the science relating to the products they sell, Van Gundy said. "All of this is putting everyone on the spot to look more care- fully at their food chains. Even if retailers can pass along the liability with supplier indemnity agreements, their store is asso- ciated with the product, or may be on it in the case of a private label product," he said. Olive oil is a case in point, and Van Gundy's law firm and the State Bar of California are holding a seminar on May 27 that Van Gundy promises will offer retailers and other stakeholders in the olive oil industry a one-day intensive look at the science and law behind these issues, with a focus on extra virgin olive oil. Industry experts including scientists studying the health benefits of olive oil and developing grading and testing methodologies, regulatory experts and Van Gundy himself will present a program titled "Defending Your Supply Chain: The Case of Extra Virgin Olive Oil." "What we wanted to do was to give retailers, distributors and manufacturers in-depth information and an opportunity to examine more deeply these issues that they probably are already generally aware of. There are all sorts of laws gov- erning the sale of olive oil, including a California standard of identity, new California laws governing the larger state producers, and of course food safety laws. For example, selling adulterated or mislabeled olive oil is a misdemeanor under California state and federal law," Van Gundy said. "What that really means is that if a government attorney is inter- ested in the authenticity of an olive oil, he or she can take some pretty swift action." As an example of that: recently, the New York Attorney General issued cease and desist letters to four major retailers of herbal supplements, alleging that the products did not contain the ingredients the manufacturers claimed they did. "Food law is not only big business, but it's a hot topic in litigation and government attorney circles," according to Van Gundy. The May 27 seminar will also pro- vide an update on the new system for grading and testing olive oils that will apply to the larger producers in California, and that may raise questions from consumers that grocers will be called upon to answer. "It's going to cre- ate some different terminology. The big divide will be between natural oils, and industrially-refined oils produced with high heat, chemicals or deodorizing processes," Van Gundy said. Oils pro- duced using industrial refining methods will not qualify for "extra virgin" or "vir- gin" on their label. "There are also newer testing methodologies that the state will be using to determine whether the local oils meet these revamped grades. The classification is essentially the same, but the state of California is going to raise the bar a bit in terms of testing and classifi- cation parameters." "This seminar is definitely a net- working opportunity for retailers and all in the supply chain, as well as a chance to explore intensively in one day the laws and science governing grades of olive oils, that extra virgin olive oil is well worth a premium price, and that there are legal and scientific standards to tell you what is and isn't extra virgin," Van Gundy said. "Defending Your Supply Chain: The Case of Extra Virgin Olive Oil" will be held on May 27 from 8:30 to 5:30 at the State Bar of California head- quarters in San Francisco, 180 Howard Street. The registration fee is $295 through April 23 and $395 after that. Register at www.khlaw.com and follow the "Event" links. UNILEVER ROLLS OUT NEW PRODUCTS Unilever Ice Cream is rolling out 16 new frozen treats for 2015, covering a wide range of products and flavors that go from refreshing to indulgent. Breyers, Good Humor, Klondike, MAGNUM Ice Cream and Popsicle Brands will usher in exciting new tastes in 2015, while Fruttare has begun sourcing sustainable fruits from farms that respect and protect the environment. "Whether you're a mint–a–holic, choc–o–holic, candy or cookie fanatic, this year's assortment of new frozen treats from Unilever Ice Cream has something for every taste bud," said Nick Soukas, Brand Building Marketing Director for Unilever Ice Cream. Breyers Gelato Indulgences dou- bles its flavor count with four new offerings. Breyers Original Black Pack line adds two new delicious flavors while the Breyers Blasts! ® lineup wel- comes a new Hershey's ® Mini Kisses Caramel variety. New Breyers Gelato Indulgences are available in 28.5–ounce clear tubs, show- casing gelato with luscious sauce and gourmet toppings, at grocery stores nationwide for a suggested retail price of $4.49 – $5.99. New Breyers Gelato Indulgences Mint Chocolate is now available at retailers nationwide. Breyers Chocolate Truffle and Breyers Blasts! Hershey's Mini Kisses Caramel also join grocery stores nation- wide in 48–ounce containers for a sug- gested retail price of $3.99 – $5.99. New Breyers Salted Caramel is now available at retailers nationwide. Good Humor is unveiling a new look for its products complete with a new logo and packaging across its entire line–up, celebrating its roots as America's iconic ice cream truck brand for 90 years. This year, Good Humor is also introducing delicious new offer- ings designed to bring even more joy from its iconic truck to freezers across the country, as well as infusing more flavor into its beloved products, giving fans more of what they love about their favorite frozen treats. Klondike adds a 12th member to its classic, stickless variety while also expanding the Klondike Kandy line. Klondike Kandy launched in 2014 and is a combination of the thick, chocolatey Klondike shell and creamy ice cream with candy bar goodness. Klondike Cookie Dough Swirl Stickless Bars are available in six–packs, and Mint Fudge Cookie Kandy Bars are available in four–packs at grocery stores nationwide for a suggested retail price of $3.99. Fruttare frozen fruit bars are made with real, delicious fruit from places we know and trust – farms that respect and protect the lands. The Fruttare brand's goal is for every piece of fruit in the brand's bars to be sustainably farmed, and the brand is well on its way. Fruttare is currently sustainably farmed strawber- ries, coconuts, bananas and limes. All Fruttare varieties are available for a sug- gested retail price of $4.29. Fruttare Fruit & Juice Bars come in six-count multi- packs. Fruttare Fruit & Milk bars come in four-count packs. URBAN REMEDY LAUNCHES SAN FRANCISCO STORE Urban Remedy, a Northern California- based certified organic food company, recently announced the opening of its first San Francisco store. Located in the Cow Hollow/Marina district on Union Street, the store will offer a full assort- ment of the company's certified organic, non-GMO and low-glycemic, cold- pressed juices, grab-and-go meals and snacks. Built on the belief that "food is healing," Urban Remedy offers a range of delicious, healthful and naturally functional foods from grab-and-go meals, such as an Asian-inspired Zen Salad (with kale, napa cabbage, almonds, carrots, cilantro and a ginger sesame dressing), spring rolls (made with brown-rice wrappers) and zucchi- ni fettuccine (sans carbs with pesto sauce), to an array of gluten-free desserts and snacks, cold-pressed juices and smoothies. The Union Street store adds to Urban Remedy's existing locations in San Rafael and Mill Valley.