Elsner Law & Policy, LLC

06/19/2025

I visited the New Mexico Supreme Court law library today and security asked me if I was an intern. That was the nicest question I've been asked in a long time, and the reason why I'm smiling! I should go to the library more often...

07/26/2023

Great news for the lawsuit we filed against Whole Foods for falsely and misleadingly promising "No Antibiotics, Ever" in its beef supply chain -- we made it past the motion to dismiss.
https://lnkd.in/ea4byXQG For more info, you can find me at https://www.elsnerlaw.org/.

On Tuesday, July 25th, a federal judge in California ruled that the consumer protection lawsuit alleging Whole Foods Market falsely advertised its beef as “no antibiotics, ever” can proceed.

08/27/2022

Know anybody who bought beef from Whole Foods? Forbes summed up the lawsuit my colleagues and I filed this week against Whole Foods: "The lawsuit, filed Tuesday, aims to reverse the trend of undisclosed use of antibiotics in the no-antibiotics-ever meat industry and to curb the spread of antibiotic resistance, which is driven by overuse of antibiotics in industrial meat production." Contact me at www.ElsnerLaw.org for more info. https://www.forbes.com/sites/chloesorvino/2022/08/24/the-whole-foods-label-says-the-meat-is-free-of-antibiotics-but-a-lawsuit-claims-thats-not-always-true/?sh=4738a4c6a80f Reuters, NPR, Food + Wine, CBS News Los Angeles and other media reported on our lawsuit against Whole Foods.

A class action filed Tuesday aims to reverse the trend of undisclosed use of antibiotics in the no-antibiotics-ever meat industry and to curb the spread of antibiotic resistance, which is driven by overuse of antibiotics in industrial meat production.

04/11/2022

Did you purchase beef that promised to be antibiotic free? If you are wondering if the claim is true, let me know what you purchased and I'll try to provide more information on whether what you bought is in the scope of this problem. Submit your questions via www.ElsnerLaw.org.

https://www.washingtonpost.com/business/2022/04/07/antibiotics-found-in-natural-meat/

Organic, naturally raised, antibiotic-free — a whole industry has burgeoned around meat verification and special labels consumers can trust. Those labels may be fallible.

04/07/2022

Did you purchase meat from Whole Foods that promised to be antibiotic free? If you are wondering if the claim is true, let me know what you purchased and I'll try to provide more information on whether what you bought is in the scope of this problem. Submit your questions via www.ElsnerLaw.org.
https://www.facebook.com/watch/?v=7043988249004802

10/27/2021

An appellate win! Courthouse News Service reported on the Ninth Circuit remanding Cohen v. Conagra back to the trial court to continue. This case involves falsely marketed poultry products. If you purchased Conagra's chicken products, feel free to email me.

Conagra must provide evidence its labels were approved by federal regulators in order for its preemption defense to fly.

09/06/2021

Turkey Case Update: In August, a judge in Orange County ruled that our case on behalf of California consumers suing Diestel Turkey Ranch for making false and misleading statements can proceed to the next phase. We already know that less than 1% of this company's turkeys are raised in the way the company advertised. For more info, contact me at

Poultry PurchasersDid you purchase products from Diestel Turkey Ranch, Sanderson Farms, or Conagra? Or any company that makes false or misleading statements about its poultry products? If yes, please provide your contact information below so that we can determine if you are potentially eligible to j...

01/20/2021

Our team filed a nationwide class action complaint against Midwestern Pet Foods on behalf of five clients in four states whose dogs died or are sick from eating Sportmix pet food that has been recalled. Such an honor to work with people who came forward to stand up on behalf of those who couldn't speak. , More info at www.ElsnerLaw.org/sportmix or read the complaint at https://www.dropbox.com/s/e5gl2sh1hz16uvx/%231-Complaint.pdf?dl=0

Shared with Dropbox

01/13/2021

Sportmix Recall: To those who purchased products from Midwestern Pet Foods and now have a sick, dying or deceased dog, we know most of you are having trouble reaching the company. We are in contact with the company on behalf of clients and are collecting as much evidence as possible. You can reach me privately at www.ElsnerLaw.org/sportmix.

Sportmix - Midwestern Pet FoodsDid you purchase products from Midwestern Pet Foods? If your pet is sick, report to the FDA and also to your state authorities, often the Department of Agriculture. Keep copies of your reports. Ask your vet about testing your pet’s blood. If your pet has passed, cons...

01/12/2021

Sportmix Recall Update: FDA reports 70+ dogs are dead, 80+ are sick, and company is expanding the recall. For a list, visit the FDA website, https://www.fda.gov/animal-veterinary/outbreaks-and-advisories/fda-alert-certain-lots-sportmix-pet-food-recalled-potentially-fatal-levels-aflatoxin?utm_medium=email&utm_source=govdelivery
For guidance on collecting documents and preserving evidence, see www.ElsnerLaw.org/sportmix. Submitting your info also helps with the investigation.

Sportmix - Midwestern Pet FoodsDid you purchase products from Midwestern Pet Foods? If your pet is sick, report to the FDA and also to your state authorities, often the Department of Agriculture. Keep copies of your reports. Ask your vet about testing your pet’s blood. If your pet has passed, cons...

01/06/2021

Pet Parents: Sportmix pet food has been recalled due to aflatoxin poisoning. This is lethal. I am talking to pet parents now whose dogs suddenly died after eating this product. Contact me through my website (https://www.elsnerlaw.org/sportmix). More info from the FDA (https://www.fda.gov/animal-veterinary/outbreaks-and-advisories/fda-alert-certain-lots-sportmix-pet-food-recalled-potentially-fatal-levels-aflatoxin).

11/24/2020

A local TV news station called this afternoon for a quick chat about our lawsuit exposing the truth behind factory farmed turkeys. The part that aired is not my best explanation of the case, but glad to have attention on the issue as people think about what to eat this Thanksgiving.
https://www.krqe.com/video/santa-fe-woman-sues-popular-turkey-farm/6060034/