Daniel Herling

Daniel Herling

Mintz Levin

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Ho Ho Ho GMO! The 2014 GMO Legislation Scorecard

This has been a big year for GMO legislation. In 2014 alone, 25 states have proposed 67 pieces of legislation aimed either at the labeling of products containing GMOs or at the ban of GMO-containing crops. While this space...more

12/24/2014 - Farms Food Labeling Food Manufacturers GMO Legislative Agendas New Legislation Pending Legislation Pesticides

A Taste of Things to Come? Whole Foods Feels Sting of “Non-GMO” Litigation

As we’ve explored in past posts, mandatory GMO-labeling legislation has, at best, a spotty track record among state legislatures. Nevertheless, the GMO issue continues to draw the public’s attention, and it is becoming clear...more

11/17/2014 - Corporate Counsel Food Labeling GMO Grocery Stores Labeling Manufacturers Putative Class Actions Whole Foods

Battle of the Experts Still Brewin’ in Starbucks Trial

In April 2010, the Council for Education and Research on Toxics (CERT) sued Starbucks Corp. and other coffee sellers alleging they violated California’s Safe Drinking Water and Toxic Enforcement Act, passed by California...more

10/23/2014 - Affirmative Defenses Expert Testimony FDA Proposition 65 Starbucks

Operation Full Disclosure! FTC’s Frontal Assault on Ads

In this blog we often discuss products being subjected to a lawsuit based on allegations that a label is false or misleading under California’s consumer protection laws. The Federal Trade Commission is similarly concerned...more

10/3/2014 - Advertising Disclosure Requirements False Advertising FTC

Do Not Pass Go: Federal Judge Orders Execs Jailed for Contempt of Recall Order

A recent federal decision has made clear that court-ordered recalls can have real teeth, not just for manufacturers but also their officers—especially when the court has reason to suspect a company’s execs are deliberately...more

9/17/2014 - Contempt Criminal Prosecution Manufacturers Personal Liability Product Recalls

Hawaii G-M-O: Kauai County GMO Regs Struck Down in Federal Court

Throughout the year, this space has periodically re-visited the topic of regulating the manufacture and labeling of foods with genetically modified ingredients (GMOs) at the state and federal level. This week, a lawsuit out...more

8/29/2014 - Food Labeling Food Manufacturers Food Marketing GMO Local Ordinance Manufacturers

California Supreme Court Considers Component Parts Doctrine

Last week, the California Supreme Court granted review of Ramos v. Brenntag Specialties, Inc. to resolve a split in the Second Appellate District regarding the application of California’s component parts doctrine. The...more

7/21/2014 - Component Parts Doctrine Liability Manufacturers Proposed Legislation

Will Feds Step Onto the GMO Playing Field?

In January and April, this space took a look at the growing patchwork of state proposals for regulating the labeling of foods with genetically modified ingredients (GMOs). As posited here in April, the recent surge in such...more

5/12/2014 - FDA Food Labeling Food Safety GMO

Vermont Goes GMO Alone

In January, this space discussed the Maine and Connecticut laws that would require labeling for foods made with geneticially engineered ingredients (GMOs). Each of the bills had a trigger qualification: 4 other states, or...more

4/22/2014 - Food Labeling Food Safety GMO

California Reenters the GMO Food Labeling Arena; This Time Through the Legislature

Not to be left behind and not dependent on any other state action (Connecticut and Maine notwithstanding), a bill has been introduced (SB 1381) on February 21, 2014 that requires any food, with certain exceptions (more on...more

3/5/2014 - Food Labeling Food Safety GMO

FDA Releases Final eMDR Rule and Deadline for Compliance

The Food and Drug Administration (FDA) announced and is promulgating today the Final Rule on Electronic Medical Device Reporting (eMDR). Originally proposed in 2009, the rule is now final and a deadline for compliance has...more

2/14/2014 - Compliance FDA Medical Devices

As Maine Goes, So Goes The Nation?

On January 9, 2014, Maine’s governor Paul LePage signed a bill into law that would require labeling for foods made with genetically modified organisms (GMO). Eighteen months from the effective date of the bill, any...more

1/13/2014 - FDA Food Labeling GMO

Beware of What You Wish for, You Might Get It

As this blog has reported on numerous occasions, plaintiffs have brought claims challenging labeling of food products for mislabeling. The labels challenged include the use of the term “natural”, “0g trans fat” and the...more

12/10/2013 - Food Labeling Misbranding

California Cuts Manufacturers Some Slack

As this space has pointed out on several occasions, California’s laws are nothing, if not unique. One such law is California’s Business & Professions Code Section 12606.2 which prohibits a container or package from having...more

10/22/2013 - False Advertising Manufacturers Novartis Pharmaceutical Unfair Competition

California, the FTC, & Made in the USA Claims

Demi Lovato’s hit song “Made in the USA” recounts how her love for her boyfriend is both amazing and patriotic. If they had fallen in love in Paris or Acapulco, however, she may be facing an enforcement action by the FTC or...more

9/26/2013 - Enforcement Actions False Advertising FDA FTC Misbranding

Food “front-of-package labeling” bill announced

Proposed legislation has been introduced by 3 members of the House, including Rep. Frank Pallone (D-NJ), senior Democrat on the House Energy & Commerce Health Subcommittee, which would direct the Secretary of Health & Human...more

9/23/2013 - FDA FDCA Food Labeling HHS NELA Proposed Legislation

Broad Prop 65 Reform Going Nowhere — Weaker Assembly Bill 227 Moving Forward

Two weeks ago, this space discussed the CA Prop 65 reform proposed by Governor Brown and its remote chances of success. Not surprisingly, Governor Brown’s administration has thrown in the proverbial towel. Spokespersons on...more

9/3/2013 - Jerry Brown Proposed Legislation Proposition 65

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