Food Labeling

News & Analysis as of

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. - Supporting healthy food options for students. On April 3, Senators Heidi...more

Pom Wonderful and Consumer Class Actions Under State Law

The newest wave of false advertising consumer class actions asserts that consumer labeling or marketing violates state unfair competition laws by confusing (or potentially confusing) consumers. While brought under state...more

Sweet(ener) Confusion: Court Divide Over Role of Primary Jurisdiction Doctrine in “Evaporated Cane Juice” Cases Grows

In Swearingen v. Santa Cruz Natural, Inc., No. C 13-04291 (N.D. Cal. April 2, 2014), Judge Illston of the U.S. District Court for the Northern District of California granted defendant’s motion to dismiss based on the primary...more

Global Food, Drugs, Medical Devices and Cosmetics Newsletter

Welcome - We are pleased to provide you with the Spring edition of the Global Food, Drugs, Medical Devices and Cosmetics newsletter. As stated in our inaugural issue, this newsletter provides updates on important...more

Weight Loss Supplement Alli Recalled Nationwide

Just to be safe, drugmaker GlaxoSmithKline (GSK) Consumer healthcare will remove all of its weight loss drug alli from stores shelves in the U.S. and Puerto Rico due to fear of contamination. There have been at least 20...more

Food and Beverage News and Trends - April 2014

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Food industry opposes trans fat bar, proposes setting limitations. Major...more

Business News Digest – April 2014

In this issue: - Cybersecurity Assessments – Using the Tool Well - A SOX in the Gut: Supreme Court Vastly Expands Workplace "Whistleblower" Law - SEC to Scrutinize Never-Examined Investment...more

POM Wonderful's Decertification Decision Will Be Hard to Swallow for the Plaintiffs' Class Action Bar

On March 25, 2014, Judge Dean Pregerson, of the U.S. District Court, Central District of California, decertified a nationwide class of consumers in a class action brought against POM Wonderful LLC over allegedly false and...more

Court Issues Sweet Ruling for Plaintiffs in Mislabeling Action – Ignorance That “Evaporated Cane Juice” Is An Added Sugar Not...

In Morgan v. Wallaby Yogurt Co., Inc., the U.S. District Court for the Northern District of California denied defendant’s motion to dismiss a class action complaint alleging violations of the UCL, FAL, and CLRA for...more

Advertising Law

FDA “Dislikes” Drug Company’s Facebook Page - Switzerland-based IBSA Institut Biochimique SA recently got a thumbs-down from the Food and Drug Administration over a Facebook ad for its hypothyroidism drug, Tirosint,...more

Pom Wonderful Brings Food Labeling Dispute To The U.S. Supreme Court: When Are Claims Based On Allegedly Improper Product Labeling...

A long-standing false advertising dispute between beverage companies Pom Wonderful and Coca-Cola has reached the United States Supreme Court and carries far-reaching implications for other food labeling litigation. On January...more

FDA to Revisit “Evaporated Cane Juice” Draft Guidance

Earlier this month, the FDA announced that it would reopen the comment period on its draft guidance for the industry concerning use of the term “evaporated cane juice” (ECJ). Draft Guidance for Industry on Ingredients...more

Food and Beverage News and Trends

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Citizen petition filed for hummus standard of identity. A citizen’s...more

Do You Really Want to Know What’s in Your Food? Connecticut Requires Labeling for Genetically Modified Foods

Connecticut, the first state to pass a law that requires labeling for genetically engineered foods , is being joined by states with similar labeling requirements, but no labeling mandates. Despite the reluctance of some...more

Food Litigation Newsletter - March 2014 (2)

In This Issue: - Recent Significant Developments and Rulings ..Court Rejects ‘Grossly Excessive’ Attorneys’ Fee Claim in Dismissed Case ..Voluntary Dismissal in Bumble Bee Class Action - New...more

Food And Beverage News And Trends

Food industry proposes front-of-package nutrition information. In the wake of the recently proposed changes to the Nutrition Facts panel labeling, the Grocery Manufacturer's Association proposed its own front-of-package...more

Advertising Law - Mar 14, 2014

Sue Like Mike: Jordan Wins Reversal in Publicity Rights Suit - An advertisement congratulating Michael Jordan on his induction into the Basketball Hall of Fame constituted commercial speech, the Seventh U.S. Circuit...more

Polsinelli Podcast - FDA Proposed Changes to Food Labels and What it May Mean for Manufacturers [Video]

The Food and Drug Administration recently announced that it wants to revamp the nutrition labels on foods. There haven't been significant changes to food labels in about two decades. How may this impact food manufacturers? ...more

Food Labeling Client Alert: FDA Proposes Changes to Iconic Nutrition Facts Label

The U.S. Food and Drug Administration (FDA) recently proposed an update to the iconic Nutrition Facts label for packaged foods. In light of new scientific evidence about human health and nutrition, dietary recommendations of...more

FDA Proposes Overhaul of Nutrition Facts Labeling

The first major overhaul of the Nutrition Facts panel in more than 20 years focuses on serving sizes, calories, and a refreshed design. The Food and Drug Administration (FDA or the Agency) on February 27 announced the...more

Food Litigation Newsletter - March 2014

In This Issue: - Recent Significant Developments and Rulings ..Class Certification Denied in Ben & Jerry’s “All Natural” Ice Cream Case ..FDA Responds to Court Referrals Regarding “Natural” and...more

California Reenters the GMO Food Labeling Arena; This Time Through the Legislature

Not to be left behind and not dependent on any other state action (Connecticut and Maine notwithstanding), a bill has been introduced (SB 1381) on February 21, 2014 that requires any food, with certain exceptions (more on...more

Business Litigation Reporter - March 2014

Goodwin Procter’s Business Litigation Reporter provides timely summaries of key cases and other developments within dedicated Business Litigation sessions and related courts throughout the country – courts within which...more

First Lady And Nutrition: USDA And FDA Propose Sweeping Food Labeling And Marketing Regulations

Today, First Lady Michelle Obama and the Food and Drug Administration released two long-awaited proposed regulations that would for the first time in 20 years make significant changes to the nutrition information found on...more

What's in the Box? FDA Proposes Revisions to Nutrition Facts

On February 27, 2014, the U.S. Food and Drug Administration proposed three rules that would make landmark revisions to the iconic black and white Nutrition Facts panel if finalized. The proposed changes affect all packaged...more

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