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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

A Sea Change on the Horizon for California’s Food Court? FDA Calls for Comment on Use of the Term “Natural” for Food Products

At long last, FDA has called for public comment from the food and beverage industry, citizens, and other stakeholders on the use of the term “natural” on food labeling. As many readers of this newsletter know all too well,...more

FDA dishes out major regulatory challenges for food industry in 2016

In 2015, the FDA unleashed a surge of new regulations on the food industry carrying key compliance deadlines in 2016. As the FDA continues to intensify its enforcement over its regulated industries, food companies should...more

California Supreme Court Holds Organic Labeling Suit a Natural Fit in State Court

In December, the California Supreme Court held that a challenge to a farm’s labeling of its herbs as “organic” under state false advertising laws is not preempted by the federal Organic Foods Production Act of 1990 (“Organic...more

Agriculture, Food, and Health Issues to Watch for 2016

As the agriculture and food industries head into the new year, a number of important cases and regulatory issues that have the potential to dramatically affect the industry are front and center. Below, Armstrong Teasdale’s...more

Food Safety, Labeling, and Nutrition Update - December 2015 #2

As 2015 wraps up, there have been several important developments in Food Safety, Labeling, and Nutrition, most notably the FY 2016 Omnibus Appropriations Bill expected to pass the House and Senate on Friday, December 18. The...more

Supreme Court Paves the Way for Organic Food Fraud Suits

The California Supreme Court just handed down a decision that’s been hailed by the Recorder as “boon for plaintiffs bar.” In Quesada v Herb Thyme Farms (PDF), the supreme court unanimously held that claims for fraud by...more

California Opens Courts to State Claims re: “Organic” Food

And the California Supreme Court said “Let there be more litigation” and there was more litigation. This week, the California Supreme Court held that private citizens (i.e. class action plaintiffs’ attorneys) can bring...more

California Supreme Court Opens the Door to Organic Mislabeling Claims

Last week, the California Supreme Court issued a long awaited ruling on organic labeling in Quesada v. Herb Thyme Farms, Inc., No. S216305, 2015 WL 7770635 (Cal. Dec. 3, 2015). At issue in Quesada was whether consumers may...more

Appetite for Litigation: Why Plaintiffs’ Lawyers Hunger for Food-Labeling Lawsuits

The food industry has become a fertile ground for class action lawsuits over the last few years and shows no signs of slowing down. New cases are decided daily. There are several factors that drive this trend and that are...more

International Food Law Gazette - July 2015

King & Spalding is pleased to provide this first edition of the International Food Law Gazette, a publication of our Food & Beverage Group. For decades, King & Spalding has closely advised leading food, beverage and dietary...more

The Safe and Accurate Food Labeling Act’s Impact

FDA’s steadfast position against formally addressing “Natural” claims on food products may soon be forced to change if the Safe and Accurate Food Labeling Act, which the House of Representatives passed on July 23, 2015, is...more

U.S. House Passes GMO Labeling Legislation

Today the Safe and Accurate Food Labeling Act of 2015 passed the House, in a vote of 275 to 150 (more information here). Still a hot-button issue, opposition to the Act is emotionally charged, with those opposed to the bill...more

Food Labeling, Food Safety & Nutrition - July 2015

The Obama Administration’s robust use of executive authority on issues related to food labeling, food safety, and nutrition continue to position these issues as a priority for the remainder of the President’s term in office....more

Food and Beverage News and Trends

California bill to require warning labels on sugary drinks dies in committee. On April 29, a bill that would have required warning labels on sugary soft drinks failed to move forward in the California legislature. The...more

USDA Establishing Non-GMO Labeling Program

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

And the Beat Goes On: NY State Assembly to Vote on GMO Labeling Law

Coming on the heels of the reintroduction of the Genetically Engineered Food Right-to-Know Act, on March 3, 2015, the New York State Assembly Committee on Consumer Affairs and Protection voted 9 to 6, with one abstention, to...more

Deja Vu All Over Again: Federal GMO Labeling Legislation Re-Introduced

Last week, Sen. Barbara Boxer of California, Richard Blumenthal of Connecticut, and Rep. Peter DeFazio (D-Ore)–joined by chef-lebrity Tom Colicchio–announced the reintroduction of The , a federal bill that would mandate the...more

State of the GMO Union

Just how hot is GMO-labeling legislation? On Jan. 6, 2015, a Republican state senator introduced just such a bill - in Indiana, the nation’s breadbasket. Still, federal legislation on both sides of the issue has stalled, the...more

Product labeling requirements aren't all black and white

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

Vermont GMO Food Labeling Law Challengers Seek Preliminary Injunction

In the court battle to have Vermont’s genetically modified organism (GMO) food labeling law (Act 120) overturned, plaintiff trade associations filed a motion for preliminary injunction on September 11, 2014, seeking to enjoin...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

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

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