Michelle Gillette

Michelle Gillette

Mintz Levin

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Sugar and Spice and Cases on Ice: Evaporated Cane Juice Case Stayed Until FDA Issues Formal Guidelines

Last week, a California federal judge revived a putative class action accusing Amy’s Kitchen Inc. of misleading customers by labeling sugar as “evaporated cane juice” on its products. In a finding that puts the case on hold...more

7/15/2014 - Amy's Kitchen Draft Guidance Evaporated Cane Juice FDA Food Labeling Putative Class Actions

Grocery Manufacturers File Suit Against Vermont Over GMO Law

In April, we wrote about the Vermont legislature’s approval of a bill that would require manufacturers to change the retail labels of certain foods to indicate that they are GMO. On May 8, 2014, Vermont enacted the final...more

6/19/2014 - FDA Food Labeling Food Manufacturers GMO Grocery Stores Manufacturers Popular

U.S. Supreme Court: Pom’s Mislabeling Suit Against Coke Not Precluded by FDA Regulations

Recently, the Supreme Court ruled, 8-0, that Pom Wonderful LLC could pursue mislabeling claims under the federal Lanham Act against the Coca-Cola Company, even though the label at issue complied with FDA labeling regulations....more

6/16/2014 - Advertising Coca Cola FDA FDCA Food Labeling Lanham Act NLEA POM Wonderful POM Wonderful v Coca Cola SCOTUS

Update: Vermont Legislature Passes Toxic Chemicals Bill

Last month, we wrote about the toxic chemicals legislation bouncing between the Vermont House and Senate. On May 9, 2014, the Vermont Legislature gave final approval to the bill, S.239, which gives the Vermont Department of...more

6/9/2014 - Chemicals Hazardous Substances Manufacturers Safety Precautions

Vermont Senate OKs Chemicals Bill

On May 5, 2014, the Vermont Senate gave final approval to a bill that would ramp up regulatory scrutiny of the chemicals found in children’s products. The bill, S.239, gives the Vermont Department of Health the authority to...more

5/8/2014 - Chemicals Children's Products Department of Health Manufacturers New Legislation

Down the Rabbit Hole: Primary Jurisdiction Redux

“When I use a word,’ Humpty Dumpty said in rather a scornful tone, ‘it means just what I choose it to mean — neither more nor less.’” While perhaps not as far down the rabbit hole as Alice was, the Courts within the...more

10/21/2013 - FDA GMO Jurisdiction

The Reasonable Consumer’s Understanding of “All Natural” – Legal or Factual Issue?

Would “reasonable consumers” have regarded Paul Cezanne as highly had he painted numerous versions of still life with froot? In the ongoing California battle over lawsuits against food companies alleging false and...more

9/12/2013 - FDA Food Labeling Food Safety FTC GMO USDA

More Courts Weigh In On The Controversy Of Using “All Natural” with GMOs

A question before district courts these days seems to be whether 100% natural molasses move any slower than the FDA. In July, the Food Court in the Northern District of California asked FDA to opine on the proper use and...more

9/5/2013 - FDA Food Labeling GMO

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