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Agriculture Products Liability

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Reading the Tea Leaves: Sales of Macadamia Nut Could Be Going Up!

On July 24, 2017, the Food and Drug Administration announced that it had responded to a November 2015 petition from Royal Hawaiian Macadamia Nut, Inc. for a new qualified health claim characterizing the relationship between...more

Food, Dietary Supplement & Cosmetics Update | Vol. IV, Issue 5

by Jones Day on

On June 13, 2017, FDA delayed the compliance date for the Nutrition Facts and Supplement Facts Label and Serving Size final rules, providing additional time for implementation. The rules were finalized in May 2016 and...more

Rare Grable Removal Sighted In Missouri

by Morrison & Foerster LLP on

Establishing federal jurisdiction over state-law claims through the Grable doctrine is rare, but a Missouri federal court recently reminded us that it is not impossible. In Bader Farms Inc. v. Monsanto Co., No....more

Rare Sighting of Successful Grable Removal Occurs in Missouri

Establishing federal jurisdiction through the Grable doctrine is rare, but a Missouri federal court recently reminded us that it is not impossible. In Bader Farms, Inc. v. Monsanto Co., No. 1:16-CV-299 SNLJ, 2017 WL 633815...more

Food and Beverage News and Trends - March 2017 #3

by DLA Piper on

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. Milk industry executive calls for FDA action against plant milks. At a US...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

Analysis of sugar industry documents may impact litigation

by Thompson Coburn LLP on

Litigation targeting products that contain added sugar is on the rise, and plaintiffs’ attorneys are expanding their playbook. In a recent class action against cereal producer General Mills, Inc., in the Northern District of...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

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

GMO Food Labeling And CRISPR

by Foley & Lardner LLP on

A new law targeted at GMO food labeling instructs the Secretary of Agriculture to establish standards for identifying “bioengineered” food. While many might think CRISPR-modified foods will be covered by such a law, certain...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

New GMO Legislation Signed into Law

by Morgan Lewis on

With Congress’s freshly enacted GMO labeling bill, the devil is in the implementing details. On July 29, US President Barack Obama signed legislation that establishes a national disclosure requirement for identifying...more

DeCoster Decision—What Food and Beverage Companies Need To Know

In a recent US Court of Appeals decision that every food and beverage executive should note, the Eighth Circuit ruled that two "responsible corporate officers" must serve jail time for failing to prevent the distribution of...more

President Signs Federal GMO Food Labeling Bill

by Morrison & Foerster LLP on

On July 29, 2016, President Obama signed into law the federal genetically engineered (GE) food labeling bill (S. 764). The bill passed the U.S. House of Representatives on July 14, 2016, 306-117, with broad bipartisan...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

Nationwide GE Labeling Leaps Forward

by Morrison & Foerster LLP on

Four years after California’s genetically engineered (GE) food labeling initiative was defeated, but just days before Vermont’s GE law is to go into effect, the U.S. Senate is poised to impose such labeling nationwide. The...more

Stabenow’s GMO Labeling Bill Could Serve as a Potential Congressional Compromise

by Varnum LLP on

Senator Debbie Stabenow (D-MI) plans to propose a GMO labeling bill after briefing groups from each side of the debate. Stabenow has shown her proposal to the Senate Agriculture Committee chairman Pat Roberts (R-KS) whose...more

USDA Increases Cane Sugar Imports to Meet Demand for Non-GE Products

On May 17, 2016, the U.S. Department of Agriculture (“USDA”) announced that it is allowing an additional 200,000 short tons of cane sugar imports to meet food manufacturers’ increasing demand for non-genetically modified...more

Post-Senate Vote, Major Food Manufacturers Choose to Label Genetically Engineered Foods

In the wake of the Senate’s defeat of legislation that would have preempted state-mandated GE ingredient labeling on food products, a new trend is emerging, as one food manufacturer after another announces that they will...more

FDA creates new rigorous produce safety requirements

by Thompson Coburn LLP on

Over the last 10 years, a significant number of outbreaks of contaminated foods, including E. coli and Listeria, have caused severe adverse health events – even death – for many American consumers. In November 2015, the Food...more

Preemption Defense in the Ninth Circuit Is “Not Dead Yet”

Monty Python and the Holy Grail (1975) contained a scene where bodies of plague victims were brought out to the curb for collection via a cart whether or not they properly belonged there. One living fellow insists on not...more

Podcast - Food Industry Needs to Take Product Safety More Seriously - Or Pay

by Pepper Hamilton LLP on

There have been a number of examples lately of the U.S. Justice Department investigating and prosecuting the food industry on their product safety measures. The latest examples making headlines include Chipotle Mexican Grill...more

New Final USDA Rule to Reduce Salmonella and Campylobacter in Poultry

by Barley Snyder on

On February 4, 2016, the U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) announced the issuance of its final rule designed to reduce Salmonella and Campylobacter in raw chicken breasts, legs...more

Massachusetts Court of Appeals Precludes Coverage for Drink Bottles Despite “Loss of Use” Exception to “Faulty Workmanship”...

by K&L Gates LLP on

Manufacturers, suppliers, and distributors of food products face significant business and litigation risks associated with food contamination and recall issues. Policyholders in this chain of production should be aware that...more

California Court Adopts Expansive Reading of Contamination and Product Recall Coverage

by Cozen O'Connor on

Two weeks ago in Foster Poultry Farms, Inc. v. Certain Underwriters at Lloyd’s, London, 2015 U.S. Dist. LEXIS 138609, 2015 WL 5920289 (E.D.Cal., Oct. 9, 2015), a California Court applying New York law found coverage under a...more

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