Food Labeling

News & Analysis as of

A Harsh Winter Thus Far for Plaintiffs in “All Natural” Food Labeling Class Actions

Two recent decisions by Federal Court Judge Lucy Koh in the Northern District of California have strengthened the position of defendants facing “all natural” food labeling class actions in California by making it even harder...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. - Prepacked caramel apples tied to four deaths from listeria. Listeria from...more

FRANCHISEE 101: Complying with the FDA's New Menu Labeling Requirement

On November 25, 2014, the Food and Drug Administration (FDA) released final rules governing menu and vending machine labeling to implement some of the Affordable Care Act's nutrition labeling requirements. The final...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

(Baby) Food for Thought: In Alleging Unlawful and Misleading Product Labeling, Plaintiff Needed More Than One Gerber Baby

Last month, Judge Lucy H. Koh of the Northern District of California granted summary judgment in favor of Gerber because the plaintiff failed to satisfy the “reasonable consumer standard” in backing up her allegations that...more

Applying FIC (III): Transitional measures and the definition of ‘placing on the market’ under New Food Rules in the EU

Regulation 1169/2011 on the provision of food information to consumers (the FIC Regulation) entered into force on 13 December 2011, though its application is a gradual process: the specific requirements concerning the...more

Food Litigation Newsletter - January 2015

In This Issue: - RECENT SIGNIFICANT DEVELOPMENTS AND RULINGS ..Extra Virgin Olive Oil Complaint Beats Motion to Dismiss ..Honest Tea Defeats Motion to Dismiss ..Gerber Wins Summary Judgment...more

Food Litigation Newsletter - December 2014 # 3

In This Issue: - RECENT SIGNIFICANT DEVELOPMENTS AND RULINGS ..“Wildly Nutritious” Fruit Lawsuit Ends With Dole’s Victory on Summary Judgment ..Chocolate Case Tapered and Stayed Pending Ninth...more

Will the “Naturally Occurring” Exemption for Food (and Supplements) Become an Achievable Defense in 2015?

What is the “Naturally Occurring” Defense? - One of the few defenses available to a company under Proposition 65 is the “Naturally Occurring” exemption for “food.” (CA Code of Regulations, Title 27, § 25501). Food...more

Advertising Law - January 2015

SPECIAL FOCUS: Fifth Circuit Clarifies the Law on False Advertising Involving “Scientific Debates” - In 2013, the Second Circuit issued an important opinion in Ony, Inc. v. Cornerstone Therapeutics, Inc., a false...more

On the Menu in 2015: Final Menu Labeling Regulations

After waiting more than three years, the Food and Drug Administration (FDA) published the long anticipated final Menu Labeling Regulations on December 1, 2014. These regulations bring the requirements imposed upon restaurants...more

Preemption and Primary Jurisdiction After Pom Wonderful

After the U.S. Supreme Court decision in Pom Wonderful LLC v. The Coca-Cola Co., __ U.S. __, 134 S.Ct. 2228 (2014), fear arose among national marketers that the decision would produce a wave of class actions challenging food,...more

Advertising Law - December 2014 #4

Privacy Authorities to App Marketplaces: Post Links to Privacy Policies - An international coalition of 23 privacy regulators released a plea to app marketplaces to act like “a responsible corporate citizen” and make...more

Ho Ho Ho GMO! The 2014 GMO Legislation Scorecard

This has been a big year for GMO legislation. In 2014 alone, 25 states have proposed 67 pieces of legislation aimed either at the labeling of products containing GMOs or at the ban of GMO-containing crops. While this space...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. - Congress compromises on school lunch changes. Congress reached a...more

Restaurant Franchisors: Prepare to Comply With New FDA Menu Labeling Rules

The U.S. Food and Drug Administration (FDA) released its final rules for menu labeling on November 25, 2014. The long-awaited rules stem from provisions in the Affordable Care Act (ACA), the comprehensive health care reform...more

Judge Koh Awards Double Victory in “Natural” Labeling Class Action Against Dole, Granting Decertification and Summary Judgment

As the food “misbranding” litigation continues to fill courts’ dockets, Judge Lucy H. Koh recently put an end to the two-year battle against Dole’s packaged fruit labeling in the Northern District of California. Dole...more

New food information to consumers – 5 Key Points

The attention consumers are giving to their food choices is growing. These choices can be influenced not only by health and economic reasons but also by environmental, social and ethical considerations. It is not a...more

Vermont Doubles Down: Representative Testifies Before Congress Against Federal GMO Labeling Bill

As we’ve explored in past posts, Congress is currently considering a bill that aims to harmonize the patchwork of state efforts at regulating GMO labeling by placing such regulation firmly within FDA’s jurisdiction. Dubbed...more

Allergen Labelling Requirements: Warning - May Contain Penalties

Christmas is already a busy time for the food and catering industries but, in addition to this, the government has enacted new provisions regarding food labelling, which entered force on 13 December this year....more

Food Litigation Newsletter - December 2014 #2

In This Issue: - RECENT SIGNIFICANT DEVELOPMENTS AND RULINGS ..Mott’s Defeats Class Certification in Apple Juice Labeling Fight ..Court Tentatively Approves Classes in ConAgra “Natural” Cooking Oil...more

EU Requirement to List Engineered Nanomaterials in Food Labeling Will Take Effect December 13

The European Commission (EC) issued a December 11, 2014, press release concerning European Union (EU) food labeling requirements that will take effect December 13, 2014. The European Parliament and the Council adopted the...more

Advertising Law - December 2014 #2

Uber’s Privacy Mess Results in Legislative Inquiry - Providing a lesson in how not to handle a privacy policy, car service app Uber is now facing questions from the Senate Subcommittee on Privacy, Technology and the...more

House Committee Hearing Debates "GMO" Labeling Bill

On December 10, 2014, the U.S. House Energy & Commerce Subcommittee on Health held a hearing on Examining FDA's Role in the Regulation of Genetically Modified Food Ingredients. The witnesses included Michael Landa, Director...more

Wasted Away in Margaritaville: With Unascertainable Class, District Court Denies Class Certification in Skinnygirl Margarita Case

Alleging violations of Illinois statutory and common law, Amy Langendorf brought suit on behalf of “Any and all persons who purchased ‘Skinnygirl’ Margarita spirits in Illinois from March 1, 2009 until the date notice is...more

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