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Advertising Litigation Report: Vol. 2, No. 2 - Consumer Fraud Class Action

House Passes Fairness in Class Action Litigation Act of 2017 H.R.985 — 115th Congress - In March 2017, the House passed the Fairness in Class Action Litigation Act of 2017 by a vote of 220-201....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 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

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

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

Vermont GMO Food Labeling - Is Your Label Ready?

by Stinson Leonard Street on

In less than two months, Vermont's genetically modified organism (GMO) food labeling law, Consumer Protection Rule 121, goes into effect. Starting July 1, 2016, food manufacturers producing food containing GMOs to be sold in...more

Food and Beverage Law Update: April 2016

by Holland & Knight LLP on

Finance - PACA Liens Could Impact Financing Terms - The Perishable Agricultural Commodities Act (PACA) is a federal law enacted in 1930 with the goal of protecting suppliers and sellers of agricultural goods from...more

Legislative Update: GMO-Labeling Bill Moves to Full Senate

In a hearing this morning in the Senate Agriculture, Nutrition, and Forestry Committee, committee members voted 14-6, including all Republican members and three Democrats (Klobuchar (MN), Heitkamp (ND), and Donnelly (IN)), to...more

Don’t Deceive Me: Claims for Mislabeled Organic Food in CA

by Davis Wright Tremaine LLP on

If a food is labeled organic, but is not actually organic, can a consumer bring state law claims under consumer protection statutes? In California, it appears that the answer is yes. In a recent case, Quesada v. Herb Thyme...more

Food for Thought: Organic Food Act Doesn't Preempt Certain State Law Mislabeling Claims

by Carlton Fields on

On December 3, the California Supreme Court unanimously held that state law claims of intentional mislabeling produce as organic are not preempted by the Organic Food Act of 1990 (7 U.S.C. §§ 6501-6522). In Quesada v. Herb...more

FDA Seeks Comments on Use of “Natural” in Food Labeling

by Perkins Coie on

On Tuesday, November 10, 2015, the United States Food and Drug Administration (FDA) announced that it will accept public information and comment on the term “natural” in the labeling of food products, including foods that are...more

Canada and Mexico to Seek Retaliatory Measures Following WTO’s Final Ruling Against U.S. Meat Labeling Law

by Kelley Drye & Warren LLP on

On May 18, the World Trade Organization’s (“WTO”) Appellate Body upheld a ruling that U.S. country-of-origin labeling (“COOL”) requirements for meat continue to discriminate against imported livestock from Canada and Mexico...more

Locke Lord QuickStudy: “Certified Organic” — A Shield For Defendants Or A Sword For Plaintiffs?

by Locke Lord LLP on

Manufacturers and retailers of organic food products should take note that the United States District Court for the Southern District of New York has held that federal law governing the certification of organic and natural...more

USDA National Organic Program Instruction on Use of Brand or Company Names Containing the Word Organic

by Barley Snyder on

On August 14, 2014, the National Organic Program (NOP) of the United States Department of Agriculture (USDA) issued its “instruction” to the accredited certifying agents (Certifiers) that certify operations to the USDA...more

Food Litigation Newsletter - January 2015

by Perkins Coie on

In This Issue: - RECENT SIGNIFICANT DEVELOPMENTS AND RULINGS ..Extra Virgin Olive Oil Complaint Beats Motion to Dismiss ..Honest Tea Defeats Motion to Dismiss ..Gerber Wins Summary Judgment...more

Food Litigation Newsletter - December 2014 # 3

by Perkins Coie on

In This Issue: - RECENT SIGNIFICANT DEVELOPMENTS AND RULINGS ..“Wildly Nutritious” Fruit Lawsuit Ends With Dole’s Victory on Summary Judgment ..Chocolate Case Tapered and Stayed Pending Ninth...more

Product labeling requirements aren't all black and white

by McAfee & Taft on

Your company has created and developed a new, innovative product. You’ve tested your product, you’ve adopted a new trademark, and you’re ready to begin manufacturing. The remaining steps of preparing your product for sale,...more

Food Litigation Newsletter - December 2014 #2

by Perkins Coie on

In This Issue: - RECENT SIGNIFICANT DEVELOPMENTS AND RULINGS ..Mott’s Defeats Class Certification in Apple Juice Labeling Fight ..Court Tentatively Approves Classes in ConAgra “Natural” Cooking Oil...more

A Warehouse Full of Unapproved Genetically-Modified Seeds; Now What?

by McDermott Will & Emery on

Syngenta Seeds, Inc. v. Bunge North America, Inc. - The U.S. Court of Appeals for the Eighth Circuit addressed allegations of breach and false advertising against an agricultural product storage and transport company,...more

D.C. Circuit To Consider Requirements For Compelled Disclosures

by Holland & Knight LLP on

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

Oregon Court Limits Agri-tourism at Farm Stands

by Davis Wright Tremaine LLP on

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

Defeat on Washington I-522 GMO Labeling

by DLA Piper on

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

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

USDA Gives OK for "Organic" Labeling for Third- Party Certified Textiles; National Organic Program Policy Clarified

On May 20, 2011, the United States Department of Agriculture's National Organic Program ("NOP") issued a Policy Memorandum (PM-11-14) addressing the labeling of textile products containing organic ingredients (such as organic...more

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