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Cranberry
Stressline Archives for March, 2002 It's official: Nantucket Nectars to be sold to Cadbury Ocean Spray: Legal action
on two fronts Silence from FDA, US Attorneys on sealed warrant
Cranberry Growers Shake-up Industry
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"A search warrant substantially reduces the possibility that the target will move or destroy evidence before the government can obtain it. In addition, the use of a search warrant generally ensures that responsive documents will be obtained and thereafter controlled by the government. Moreover, the use of a search warrant also eliminates the possibility of any claim of Fifth Amendment privilege by business owners (Andresen v. Maryland, 427 U.S. 463, 470-77 (1976)" This is from the 1996 article Litigating Sealed Search Warrants: Recent Cases Limit Indefinite Seal in Pre-Indictment Investigations By James E. Phillips, David F. Axelrod & Kevin G. Matthews The authors, writing in a publication of the National Association of Criminal Defense Lawyers, note that "the government's most recent innovation to frustrate challenge by defense counsel involves motions to seal search warrant affidavits." (Emphasis added) Indeed, since then there have been sealed search warrants issued in a number of high profile cases which led to considerable protest by both the legal and media communities. You can read about these by doing a web search for the phrase(s) "sealed search warrant(s)." 3/16/02 The story about the Federal warrant served by the Food and Drug Administration at the Ocean Spray plant in in Vero Beach, Florida, which broke first in Florida Today has been picked up by the Associated Press. The FDA not only enforces the laws regarding food safety, but a wide range of other laws. For example, they are empowered to enforce numerous laws, including those that are stipulated in the Federal Trade Commission Act. These include a range of domestic and foreign anti-trust violations, unfair methods of competition, and false advertising. The rules state that "the Commission shall not have any authority to conduct any study, investigation, or prosecution of any agricultural cooperative for any conduct which, because of the provisions of sections 291 and 292 of title 7, is not a violation of any of the antitrust Acts or this subchapter." 3/15/02 More information has been revealed about the allegations that Garfield DeMarco is leveling in his law suit against Ocean Spray et al with the brief filed last week. The brief has been published on Stressline (Click here). There will be another response from Ocean Spray's attorneys as this case slowly moves towards a decision by the Court of Chancery as to whether it should go to trial. If it does go to trial, Ocean Spray will have to defend itself against serious charges. Boiled down to their essence, the allegations say that management and Board acted counter to the grower-owner's best interest. Now in an astounding development, Ocean Spray Cranberries has been served a warrant by the Food and Drug Administration in what has been, according to an FDA spokesperson "an ongoing investigation" of the Vero Beach grapefruit processing plant. Ocean Spray states that there are no problems with product safety at the plant, but they have given no hint as to what the investigation is about, or as to why the U.S. attorney's Office in Miami has sealed the warrant and refuses comment on its content. (See articles below.) |
3/31/02 An interesting item about Tropicana's legal troubles OLD USDA Rural Cooperatives Magazine, with numerous quotes (HTML). This was their cover story (see image, scroll down to Pg. 6 for story in PDF format). 3/29/02 CCCGA asks USDA to declare weather disaster in Standard Times 3/28/02 Legislator wins CCCGA award Standard Times 3/26/02 ''Nantucket Nectars is a great addition to our premium beverage business,'' CEO of Cadbury's Snapple in Boston Globe article.. and "Juice Guys becoming Juice Gents " on the A.P. 3/25/02 UMass Dartmouth: Study says promote health benefits of cranberry juice in marketing campaign tailored to consumer's age group. HERE 3/22/02 Major Tropicana ad campaign features OJ TV show 3/21/02 Town gets $5.4m from state to buy Betty's Neck land (From Decas) in Middleboro Gazette, more on Betty Neck and Decas land here 3/19/02 The message board of Free Republic on the FDA action. You can read them here. Links related to Vero Beach plant and grapefruit Clements Citrus, O.S. in China From 1998, the racial discrimination lawsuit 1999: FAA proposes fine (bottom of their page) 3/17/02 FL citrus squeezed by imports 3/15/02 Support Farm Bill specialty crop purchases 3/14/02 Minute Maid News Release 3/11/11Cranberries fueled Lakenham's growth Enterprise 3/10/02 Coke and Pepsi watch 3/7/02 Cranberry growers get financial aid, in Brockton Enterprise 3/6/02 Grower Dissent over CMC vote: Volume reduction for 2002 crop at the core of the problem From the 3/4/02 Tomah Journal and Monitor Herald 3/1/02 Deal spares cranberry land from developers - Standard Times |
FDA issues warrant to Ocean Spray plant 3/15/02 Ocean Spray was served a warrant yesterday from the U.S. Food and Drug Administration in its investigation of the Vero Beach plant. Read Florida Today article here.
Cliffstar plans to introduce white cranberry juice 3/5/02 Ocean Spray will be seeing some competition for its white cranberry juice. According to an article titled "Thirsting for market share: Strong growth in private label is driving the beverage category, and store-brand manufacturers are jumping on hot trends inspired by the nationals" in Progressive Grocer (2/15/02):
In the same article, John Graham, a sales V.P. at Clement Pappas is quoted as saying "in most categories our private label sales are outpacing the branded...that is a good trend for private label."
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Brief of Plaintiff (DeMarco) in Opposition to Motion of Defendants ( Ocean Spray et al ) to Strike and Dismiss Complaint 3/16/02 Updated Garfield DeMarco's attorneys filed this brief on March 8th. It begins "Defendant's 'Enronic' brief twists and tortures the allegations in the Complaint to suit there arguments for dismissal." We are in the process of scanning the rest of the sixty page document, and will be putting the entire brief online as soon as possible. Read Cover page, Contents 1, Contents 2, pages 1-11, 12-20, 21-30, 31-40,and 41-50 .
Cranberry Growers Shake-up Industry WARRENS WISCONSIN: A tidal wave of discontent is sweeping across the cranberry marshes of central Wisconsin. Growers, who have endured three years of prices below the cost of production, have organized to save the industry and their individual farms. CONTINUED Editorial Innovation or Ironic Copy Cat 3/11/02 Guess who beat Ocean Spray to the juice aisle with a square bottle. Read Editorial
Press Release Two years ago Opinions about volume regulation 3/1/02 It is interesting, in view of the current debate over having a volume regulation, to read what people were saying two years ago: Statement of Ocean Spray CEO Robert Hawthorne Re: Decision on Cranberry Surplus Regulation The Case for Volume Regulation Prepared by Ocean Spray Grower Relations
Ocean Spray Board supports On why Northland could not support a marketing order John Decas on the Marketing Order and Ocean Spray and Decas Grower Letter: Important News Regarding Cranberry Marketing Order Cooperation can return grower prosperity quickly by Paul Jonjak including Ocean Spray Annual Meeting Report on Cranberry Marketing Committee Meeting: Ocean Spray prevails, tie vote means no order Editorial: Ocean Spray management supporters gamble with their own future John Swendrowski calls for dissolution of Cranberry Marketing Committee DeMarco attorneys file response to Ocean Spray's Motion to Stay An Independent Turn-around Plan. A Forum discussion initiated by Linda Rinta and Doanne Andresen Drowning in a Sea of Red Ink, by Meg Mitchell Moore, Point South Magazine Veneman names fruit, vegetable advisory members
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DeMarco vs. Ocean Spray et al Court grants Ocean Spray motion Editorial: Is DeMarco vs. O.S. a strange strained convoluted conspiracy theory that trots out a mangled hodgepodge of allegations? "While it is possible to sympathize with someone who claims to be in financial distress, a board of directors need not manage a corporation on that basis." Ocean Spray opening brief in support of a motion to dismiss and strike Remember Wimm-Bill-Dann?, Sunkist counters AP article with press release, Compare 2001 first quarter cranberry statistics with last year
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