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Debate growing over preemption of state claims over organic produce labeling

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

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

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

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

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?

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

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

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

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

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

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”...

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

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

Long-awaited overhaul of FDA food safety rules arrives – Part III: Hazard Analysis and Risk-Based Preventive Controls

In the first two articles in this series, Life Sciences Decoded explored the FDA’s new Rule revamping the food Good Manufacturing Practices (cGMPs) and creating the new Hazard Analysis and Risk-Based Preventive Controls...more

Limiting Tort Liability for Cannabis: Failure to Warn Part I – the LivWell Lawsuit

On Oct. 5, 2015, two plaintiffs filed a class action lawsuit in Denver against the owner of a large cannabis grow facility, LivWell. They assert that LivWell used a purportedly dangerous fungicide on its cannabis plants...more

Food and Beverage Alert (US) - October 2015

FSMA will have major impact on dietary ingredient suppliers, expert says. The biggest change in food regulation in the US in the past 75 years will have a major effect on the suppliers of dietary ingredients, a food-quality...more

Long-awaited overhaul of FDA food safety rules arrives – Part I: Introducing HARPC, changes to cGMP

Since the passage of the Food Safety Modernization Act in 2011, the FDA has promulgated proposed rules that overhaul the old Good Manufacturing Practice (cGMP) rule and create new Hazard Analysis and Risk-Based Preventative...more

FDA Finalizes First Two Rules Under FSMA

On September 10, 2015, the U.S. Food and Drug Administration (FDA) finalized its long-anticipated preventive control rules for human and animal food under the Food Safety Modernization Act (FSMA). The Current Good...more

FSMA Rules for Preventive Controls for Human and Animal Food Manufacturing Finalized

On September 10, 2015, FDA issued a prepublication notice of its long-anticipated preventive control rules for human and animal food under the Food Safety Modernization Act (FSMA). The Current Good Manufacturing Practice,...more

Food and Beverage Alert (US)

Former food executive faces possible life sentence for salmonella outbreak. The possible fate of Stewart Parnell, a former president of the Peanut Corporation of America, is being discussed in media worldwide. Federal...more

California Doubles Down on Proposition 65 Regulations; OEHHA Issues Pre-Regulatory Proposals That Harm Existing Defenses

Late last week, California’s Office of Environmental Health Hazard Assessment (“OEHHA”) released several new pre-regulatory draft proposals regarding Proposition 65 (“Prop 65”). With one possible exception, the pre-regulatory...more

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