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High Time for the Supreme Court to Review Ascertainability in Class Actions

by Pepper Hamilton LLP on

The U.S. Court of Appeals for the Ninth Circuit recently upheld certification of a class of retail purchasers of Wesson-brand cooking oil in a false advertising case, despite the fact that almost all class members will never...more

Australian competition and consumer law update for food & beverage sector

by DLA Piper on

The Australian Competition and Consumer Commission (ACCC) recently released its Compliance and Enforcement Policy for 2017. The compliance and enforcement priorities that are likely to be most relevant to businesses in the...more

Food and Beverage News and Trends - March 2017

by DLA Piper on

Appeals court rejects lawsuit calling for mandatory “cage-free” egg labeling. On February 27, the US Court of Appeals for the Ninth Circuit rejected a lawsuit filed by two animal advocacy groups and six egg consumers who had...more

Food for Thought: A Review of 2016 Litigation

by Carlton Fields on

Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others...more

Clearing up Standards to Earn Government’s “Organic” Seal

by Barley Snyder on

Federal officials believe a new rule will increase consumer confidence in the government’s “organic” seal and allow for more uniform enforcement of standards concerning organic products. The Organic Livestock and Poultry...more

Update on Health Canada's modernization makeover: changes to food labelling requirements

by DLA Piper on

Health Canada’s “modernization makeover” continues. The Agency’s comprehensive review of regulations surrounding food and health products has already brought about considerable changes to several labelling requirements in the...more

The New “Swissness” Legislation

Swiss goods and services are valued by consumers who are ready to pay a premium for goods that are Swiss made. The current rules regulating the Swiss brand are often ignored by the market and enforcement is difficult and...more

3 Steps Food Manufacturers Can Take Now To Prepare For Federal Labeling Regulations

by McNees Wallace & Nurick LLC on

Consumers seem to be more eager than ever to know what they are eating and what journey it traveled to move from farm to table. In this era of authenticity, artificial is out; organic is in....more

Advertising Law - November 2016 #3

Will Green Guides Address Organic? FTC/USDA Roundtable Report - On October 20, 2016, the Federal Trade Commission and the U.S. Department of Agriculture co-hosted a roundtable discussion in Washington, D.C., entitled...more

Missouri appellate court rejects ‘ingredient list’ defense in food labeling case

by Thompson Coburn LLP on

As Missouri’s reputation as a plaintiff-friendly venue increases, a state appellate court has dealt a blow to food manufacturers facing suits under the state’s consumer fraud statute regarding claims made on their products’...more

Food and Beverage News and Trends - November 2016

by DLA Piper on

Four cities will hold referendums this month on taxes on sugary beverages. Looking forward to Election Day, an October 17 survey by PBS NewsHour noted that voters in three California cities and one Colorado city will vote on...more

$18 Million Fine Levied for Campaign Finance Violation in Washington State

by Perkins Coie on

On November 3, 2016, a Thurston County Superior Court judge levied an $18 million penalty against a trade association for violations of Washington campaign finance laws. This is believed to be the largest campaign finance...more

Updated FSIS guidance on raising animal label claims: What agribusinesses need to know

by Thompson Coburn LLP on

Primary responsibility for ensuring the truthfulness of labels on meat, poultry, and egg products resides with the Food Safety and Inspection Service (FSIS). The FSIS is the public health agency of the U.S. Department of...more

Ninth Circuit holds juries can decide the definition of ‘natural’

by Thompson Coburn LLP on

On September 30, 2016, the 9th Circuit Court of Appeals issued a key decision in the food labeling war over what constitutes a false or misleading “all natural” label. At issue was a label on Dole’s food products stating that...more

California Legislative Update: Which Bills Made the Final Cut?

by Littler on

Although the California Legislature sent Governor Jerry Brown bills on bed bugs, powdered alcohol, and making denim the official state fabric, the laws enacted in 2016 affecting the state’s private-sector employers were...more

Food and Beverage News and Trends - October 2016

by DLA Piper on

FDA seeks public comment on possible revision of its definition of "healthy" on food labels. The FDA has begun an initiative to revisit its legal definition of "healthy" as used by manufacturers on food labels. In a September...more

No Small Potatoes: Patenting Spuds in an Era of Gene Silencing

by Lane Powell PC on

During a 1911 journey—in which he would discover Machu Picchu—Hiram Bingham’s exploration party came across native Peruvians who “lived almost entirely on gruel made from chuño, frozen bitter potatoes. Little else than...more

GMO Food Labels, Our Emotions and the “Rationalist’s Delusion”

Politicians often referred to a 90% consumer preference for food labels signaling the existence of genetically modified ingredients—or GMOs as they are known—during this year’s congressional hearings regarding the now enacted...more

FDA Guides Industry For Use Of “Healthy” On Food Packaging

by Reed Smith on

Yesterday, the Food and Drug Administration (“FDA”) announced guidance regarding using the term “healthy” in the labeling of human food products. As background, the FDA issued final rules updating the Nutrition Facts label...more

Debate growing over preemption of state claims over organic produce labeling

by Thompson Coburn LLP on

Recently, the Eastern District of New York held that the Organic Foods Production Act of 1990 (7 U.S.C §§ 6501–6522) preempts various state claims that Abbott Laboratories, Inc. falsely labeled its Similac® Advance® Organic...more

Empty spaces causing big problems: the rise of slack-fill litigation

by Thompson Coburn LLP on

Last month, a district court judge in California dismissed a highly publicized lawsuit in which the plaintiff claimed that Starbucks’ iced beverages contained too much ice and not enough coffee. The suit was the subject of...more

Not So Sweet: The Debate Over Evaporated Cane Juice

by Pepper Hamilton LLP on

FDA’s final guidance expresses its view that the phrase “evaporated cane juice” is false and misleading. “Evaporated cane juice” has become a popular ingredient in everything from yogurt to cookies, attracting consumers...more

GMO Disclosures and Claims: A Possible End to the U.S. GMO Labeling Controversy?

by King & Spalding on

On July 7, 2016, the U.S. Senate passed an important amendment to S. 764 to establish a mandatory nationwide labeling approach for genetically engineered (GE) foods, more popularly referred to as genetically modified...more

House Passes GE Labeling Bill; Obama Expected to Sign

As a parting act before its seven-week recess, the House last Thursday passed by a vote of 306-117 Senator Pat Roberts’s (R-KS) legislation (S.764) requiring the labeling of genetically engineered foods. Already approved by...more

European Parliament Calls for Extended Application of Country of Origin Labeling in the EU Just When the WTO Dispute on the United...

by King & Spalding on

On May 12, 2016, the European Parliament renewed its call for mandatory country-of-origin labeling (“COOL”) for meat and dairy products not currently subject to such marking rules. The reasoning behind requiring additional...more

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