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Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.

Food and Beverage News and Trends - June 2017

by DLA Piper on

Nonprofits sue FDA over delay in menu-labeling rule. On June 7, the Center for Science in the Public Interest and the National Consumers League filed suit in the US District Court for the District of Columbia against the...more

Food & Beverage Litigation Update | June 2017 #3

FDA Delays Compliance Date for Nutrition Facts Labeling - The U.S. Food and Drug Administration (FDA) has announced that it will postpone the deadline for food companies to use a revised Nutrition Facts label on packaged...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

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

California "Organic" Labeling Decision: A Blueprint for More Class Actions of FDA Regulated Products?

by Baker Donelson on

In December 2015, the California Supreme Court issued a ruling in Quesada v. Herb Thyme Farms, Inc., which may affect many companies subject to FDA regulation, but particularly those that advertise and sell products as...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

Ninth Circuit Addresses Preemption in Recent Labeling Cases

by Carlton Fields on

The Ninth Circuit Court of Appeals recently addressed preemption in the context of food and cosmetic labeling. Food Manufacturers Can Label Honey as “Honey” - In June, the Ninth Circuit issued an opinion in Brod v....more

Drones: FAA Announces Pathfinder Program to Explore BVLOS and Urban Drone Operations

by Morrison & Foerster LLP on

The FAA’s regulatory actions on unmanned aircraft systems (“UAS”) are accelerating, making it more important than ever for those in the industry—and those looking to use this technology in their own sectors—to keep their eyes...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

USDA Establishing Non-GMO Labeling Program

by Faegre Baker Daniels on

In a memo to U.S. Department of Agriculture (USDA) employees, Secretary Tom Vilsack revealed that the Agricultural Marketing Service (AMS) is developing a non-GMO certification program. According to the Secretary, the program...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

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

by Holland & Knight LLP on

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

Food and Beverage Alert (US)

by DLA Piper on

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

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

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

Washington Policy Outlook (Presentation) - October 4, 2011

by Baker Donelson on

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

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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