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UPDATE: D.C. Circuit Clarifies Standard for Required Factual Disclosures

The D.C. Circuit issued its en banc opinion in American Meat Institute v. U.S. Department of Agriculture. The Court agreed with the panel's decision and specifically held that the test for assessing government mandates...more

GMO Bill Fails in California Senate

Despite the recent passage of a genetically engineered (GE) food-labeling law in Vermont, and similar bills appearing in legislatures in other states, proponents of labeling have again failed to pass such a law in California....more

Food and Beverage Alert (US)

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Senators express concern about FDA’s use of draft guidance documents to...more

Genetically engineered food labelling bill moves through legislature

SB 1381, California's revived genetically engineered food labelling bill, has passed through the California Senate Judiciary Committee. If enacted, SB 1381 would take effect on January 1 2016. As the bill has moved through...more

D.C. Circuit To Consider Requirements For Compelled Disclosures

The D.C. Circuit will rehear American Meat Institute v. U.S. Department of Agriculture en banc later this month. This case presents a First Amendment challenge to a rule requiring that meat products be labeled with precise...more

Federal Bill Seeks To Establish Uniform GMO Labeling Requirements

Earlier this month, Representative Mike Pompeo, along with 4 co-sponsors, introduced the Safe and Accurate Food Labeling Act (H.R. 4432). This bill sets forth three main objectives: it establishes a process for evaluating the...more

Food Labeling Client Alert: FDA Proposes Changes to Iconic Nutrition Facts Label

The U.S. Food and Drug Administration (FDA) recently proposed an update to the iconic Nutrition Facts label for packaged foods. In light of new scientific evidence about human health and nutrition, dietary recommendations of...more

Food Litigation Newsletter - March 2014

In This Issue: - Recent Significant Developments and Rulings ..Class Certification Denied in Ben & Jerry’s “All Natural” Ice Cream Case ..FDA Responds to Court Referrals Regarding “Natural” and...more

FDA Refuses to Settle “All Natural” Debate

The U.S. Food and Drug Administration (FDA) has officially refused requests from several courts (discussed here and here) for a determination of whether and under what circumstances food products containing genetically...more

California Appellate Court Holds That Federal Law Preempts Unfair Competition Law Claims Tied to Organic Label

In a case of first impression in the state courts, a California appellate court delivered an early Christmas present Dec. 23 to beleaguered food and beverage companies facing an avalanche of lawsuits under California’s Unfair...more

Oregon Court Limits Agri-tourism at Farm Stands

A land use decision by the Oregon Court of Appeals could impact farm marketing activities across the state, imposing new permitting requirements and forcing changes to business operations. The case, Greenfield v....more

How Will the Rise of Google Glass Impact the Food Industry?

Google glasses could impact the food industry in two ways. It could feed a growing consumer demand to know more about its food and it could better enable federal agencies to gather evidence during an inspection....more

Defeat on Washington I-522 GMO Labeling

State-sponsored GMO-labeling efforts faced defeat in Washington State’s November 2013 election. Voters rejected Washington State’s Initiative Measure 522 (I-522) proposal, 51.21 percent to 48.79 percent.1 Washington’s...more

Controversy Surrounds the Use of the Term "Natural" With Genetically Modified Organisms (GMOs)

Recently, courts weighed in on the controversy over using the very used and popular claim “all natural” on new U.S. food products containing genetically modified organisms (GMOs). Indeed, some plaintiffs filed class action...more

Food Litigation Newsletter - August 20, 2013

In This Issue: - Recent Significant Developments and Rulings ..Court Strikes Class Allegations Against Nestle as a Matter of Law ..Complaint that Fails to Specify Products or Marketing Statements Dismissed ...more

Food Litigation Newsletter - July 9, 2013

In This Issue: - Recent Significant Developments and Rulings ..Court Cites “Catalyst” Theory to Award Attorneys’ Fees for Label Changes ..Class Settlement Preliminarily Approved in Barbara’s Bakery “All Natural”...more

Legislative Update Report No. 2013-12

In This Article: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and Yukon...more

Monsanto Further Complicates The Biotech Foods Debate

Monsanto Co. made news, and some new enemies, recently when it was discovered that the company’s experimental genetically modified wheat – planted in several states between 1998 and 2005 – was found to have escaped...more

Court Approves $158.6 Million Settlement Obtained by BakerHostetler’s Antitrust Lawyers

The U.S. District Court for the Eastern District of Tennessee granted final approval of the $158.6 million settlement in the ongoing Southeast Milk Antitrust Litigation lawsuit brought by BakerHostetler’s antitrust lawyers....more

PETA Drones And The Star Wars Age Of Animal Rights Activism

There have been media reports recently that PETA plans to deploy aerial drones to monitor hunters and big farms for activity the organization considers questionable. The drones will be operated via remote control and armed...more

Cuba Practice Update

Cuba Activates First-Ever Fiber Optic Cable - Cuba has long lagged behind its regional counterparts in telecommunications and Internet technologies, trailing even neighboring Haiti in numbers of mobile phone users and...more

Question of the Week: Under Prop 37, how long do companies have to bring their products into compliance with the new labeling...

As we’ve previously discussed, Prop 37 has two important labeling components: (1) a requirement that foods made with genetic engineering are labeled as genetically engineered, and (2) a restriction on labeling genetically...more

Legal Links of Interest for the week ending October 12, 2012

Legal Links of Interest for the week ending October 12, 2012 by Steven Getman Sunday, October 14, 2012 Attorney Steven Getman notes some of the stories about the law and lawyers in the news this past week: • One...more

OFT Issues short-form opinion in record time

Short-form opinion on rural broadband wayleave rates - On 23 August the Office of Fair Trading (OFT) issued a non-binding short-form opinion on proposals by the National Farmers’ Union (NFU) and the Country Land and...more

Washington Policy Outlook (Presentation) - October 4, 2011

In This Presentation: THE MORE THINGS CHANGE. . . - The Usual Caveats and Thanks - Somatic Cell Count Fiasco - Animal Drug Residues Sampling - Electronic Reporting of Dairy Product Prices - Farm Bill/Federal...more

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