Food Labeling

News & Analysis as of

Federal Court Vacates Dep’t of Agriculture Guidance; Legislative Rule Requires Notice and Comment

On June 20, 2016, the U.S. District Court for the Northern District of California held, in Center for Environmental Health, et. al. v. Vilsack, that a United States Department of Agriculture (USDA) guidance document, intended...more

How Americans Eat: Unveiling of the New Nutrition Facts Label

Over a decade in the making, the U.S. Food and Drug Administration (“FDA” or the “Agency”) recently issued two final rules revising its nutrition labeling regulations, most notably, the Nutrition Facts label. The revisions...more

FDA New-trition Rules

Last month, the FDA finalized amendments to the Nutrition Facts labeling rules for packaged foods and dietary supplements to reflect developments in nutrition science, including new scientific information regarding the link...more

Wrap-Up of Federal and State Chemical Regulatory Developments, June 2016

TSCA/FIFRA/IRIS/NTP/TRI - TSCA Reform Bill Is Sent To President Obama For Signature: It has been reported that on June 14, 2016, House Speaker Paul Ryan (R-WI) and Senate President Pro Tempore Orrin Hatch (R-UT) signed...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

“KIND” of Nutritious—FDA Permits “Healthy” Label and Agrees to Rethink Its Definition of “Healthy” Foods

The Food and Drug Administration has kindly permitted Kind LLC to use the term “healthy” on its snack bars again, but with the caveat that the term must only be used in text clearly presented as part of Kind’s corporate...more

Food and Beverage News and Trends - June 2016

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. FDA draft guidance aims to cut sodium in US diet. On June 1, the FDA...more

Trade & Manufacturing - News of Note - June 2016

TPP Remains a Presidential Priority - As his presidency draws to a close, President Obama continues to pursue passage of the Trans-Pacific Partnership (TPP). As King & Spalding previously reported, the President...more

Senate Appropriations Bill Targets FDA Rulemaking Agenda

The Senate Appropriations Committee is looking to tinker with the Food and Drug Administration’s rulemaking agenda through its fiscal year 2017 funding bill for the Department of Agriculture and FDA (S. 2956). Passed...more

FDA Issues Sweeping Nutrition Labeling Changes

On May 27, 2016, the Food and Drug Administration (FDA) published two final rules impacting nutrition labeling: (1) Food Labeling: Revision of the Nutrition and Supplement Fact Labels (Label Rule); and (2) Food Labeling:...more

FDA Finally Decides that “Evaporated Cane Juice” Is Misleading Consumers

Evaporated cane juice, a term usually used to inform about sweeteners derived from the fluid extract of sugar cane, is present on the ingredient lists of many products we see on grocery store shelves. However, newly finalized...more

U.S. FDA Finalizes Medical Foods Guidance

On May 12, 2016, the U.S. Food and Drug Administration (“FDA” or “Agency”) finalized its 2013 draft guidance for industry, “Frequently Asked Questions About Medical Foods; Second Edition.” Despite significant industry...more

Your Food Labels Are Getting a Makeover

If you are one of those consumers that studies food labels (I’m right there with you) or, more importantly, a packaged food supplier, be prepared: your food labels will be getting a makeover. On May 20, the FDA released...more

San Francisco vs. The Monster (aka Federal Regulation)

There is a lawyer we worked with at another firm who had a standard move, kind of the way that Jerry Seinfeld had a standard “move” – and, come to think of it, with a similar intention. (“The Move” shows up in “Fusilli...more

FDA: Don't Sugarcoat 'Evaporated Cane Juice' Terminology

It has been a busy couple of weeks for the Food and Drug Administration (FDA), with two important announcements coming out that affect the labeling of food and beverage products....more

Sodium Labeling Coming Soon to New York City Restaurants

Some folks are feeling a little salty about last week’s turn of events in the New York City sodium labeling ordinance saga. On May 26, 2016, a New York state appellate court lifted a temporary stay on New York City’s...more

FDA Releases Final Guidance Regarding the Food Labeling Term “Evaporated Cane Juice”

The US Food and Drug Administration (FDA) has released final guidance stating its view that sweeteners derived from sugar cane should not be declared in the statement of ingredients as “evaporated cane juice.” ...more

FDA Issues Final Rules That Change Nutrition Facts Labels

No more sugar coating—the Rules impose new label requirements, and manufacturers will incur additional costs. The US Food and Drug Administration (FDA or the Agency) has announced the issuance of two new final rules: one...more

FDA takes Kind Approach to “Healthy” Corporate Philosophies

This month, FDA showed a willingness to catch up with the recent trends, advancements, and developments in the food and beverage industry by reconsidering years-old regulations regarding products labeled as...more

Food and Beverage News and Trends - May 2016 #2

Report finds no danger to human health in consumption of GMOs. In a 388-page report released May 17, the National Academies of Sciences, Engineering and Medicine said it has found no evidence of adverse health effects in...more

Where’s the Octopus? New False Advertising Class Action against Goya Foods, Inc. Claims Octopus Is Missing from Products

A new putative consumer class action claiming damages in excess of $5,000,000 was filed earlier this month in the Northern District of California against Goya Foods, Inc. (“Goya”). The plaintiff, a purchaser of Goya octopus...more

FDA releases long-awaited nutrition facts panel, serving size final rules: key changes to food labels

The FDA has released the long-awaited Nutrition Facts Panel and Serving Size Final Rules, after initially proposing the changes in March 2014. The associated label changes, which mark the first time since 1993 that the...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

FDA to Issue Revised Guidance on Nutrition and Supplement Facts and Serving Size Regulations

This Friday, May 27, 2016, the US Food and Drug Administration (FDA) will publish its revised Nutrition and Supplement Facts and Serving Size regulations. The Serving Size regulation in public inspection view is close to 180...more

Prepare Now to Comply With FDA's Changes to Nutrition Labeling

On May 20, 2016, the U.S. Food and Drug Administration (FDA) announced that it finalized new rules that will cause the most significant overhaul to nutrition labeling in more than 20 years. FDA is issuing two final rules: (1)...more

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