Food Labeling

Defining “Natural”: The National Organic Program Offers Guidance That May Impact Organic and Nonorganic Food Producers Alike

by Natalie Naugle | Morrison & Foerster - Private Surgeon... on 4/16/2013

The USDA’s National Organic Program (“NOP”) recently issued draft guidance that organic and nonorganic food manufacturers alike should be aware of. In addressing what is required to certify a product as “organic,” the NOP has...more

That’s What Friends Are For: How Kraft Can Neutralize A Crusading Food Blogger

by Gene Grabowski | LEVICK on 4/16/2013

Food blogger Vani Hari has Kraft Macaroni & Cheese in her sights. Earlier this month, she delivered a 270,000-signature petition to Kraft’s corporate headquarters asking the global food company to remove the dyes yellow 5...more

Q&A With Carlton Fields' Gregory Cesarano

by Gregory Cesarano | Carlton Fields on 4/16/2013

At Carlton Fields, Greg Cesarano focuses his practice on defense of corporations and manufacturers in products liability and commercial claims. He also leads Carlton Fields’ products and toxic tort liability practice group,...more

“All Natural” Suit Against AriZona Iced Tea: Class Decertified and Suit Tossed

by Rebekah Kaufman, Claudia Vetesi | Morrison & Foerster - Private Surgeon... on 4/10/2013

In the world of food misbranding class actions, few cases have yet made it to the merits stage. Companies defending against these claims should accordingly take note of AriZona Iced Tea’s recent win in Ries v. AriZona...more

FDA Notification for Permissible Structure/Function Claims for Dietary Supplements

by Babener & Associates on 4/9/2013

MLM Distributors and MLM companies often ask about the notification requirements for permissible structure/function claims for dietary supplements, under FDA rules of DSHEA (Dietary Supplement Health Education Act). Here is...more

A Dismissal That’s Sweeter Than Honey

by William Tarantino | Morrison & Foerster - Private Surgeon... on 4/3/2013

A recent case from the Central District of California brings good news to defendants making preemption arguments under the Nutrition Labeling and Education Act (NLEA) in private surgeon general cases. Cardona v. Target...more

Risk-Management Mechanisms Associated With Gluten Allergies

by Jonathan M. Cohen, Jenna Hudson | Gilbert LLP on 4/1/2013

Approximately 1% of the United States population is allergic to gluten, a protein found in wheat, barley, and rye. For these individuals, gluten consumption may result in vomiting, bloating, anemia, osteoporosis, diabetes,...more

Canadian Food Inspection Agency Releases Guidelines for Highlighted Ingredients and Flavours

by Mark Austin, Sonia Bjorkquist, Carine Bouzaglou, Lindsay Rauccio | Osler, Hoskin & Harcourt LLP on 3/26/2013

In an era of heightened awareness regarding health and obesity, consumers are taking a much greater interest in the foods they eat. Health concerns have led to increased scrutiny of ingredients on product labels and a...more

Why Does Food Mislabeling Outrage Consumers?

by June Campbell, Paul D. Swanson | Lane Powell PC - Food, Beverage and... on 3/15/2013

“There’s a Chinese restaurant on every block, and if you think mouths won’t water when you come strolling by, then you don’t know squat about Oriental cuisine. They prize the taste of dog, friend. The chefs round up strays...more

Episode 91 – Michael Funk Discusses Labeling Foods Containing GMOs March 14, 2013

by Wendel, Rosen, Black & Dean LLP on 3/15/2013

In Episode 91 of The Wendel Forum (originally aired on March 9, 2013, on 960 KNEW AM radio), show moderator Dick Lyons, co-founder of Wendel Rosen’s sustainable business practice group, welcomes Michael Funk. Funk is a...more

Health Food Company Food For Life Recalls Several Lots of Cereals

by Demas Law Group on 3/7/2013

Many people who do not have allergies tend to dismiss this health condition as something where a person may get the sniffles if they are exposed to the wrong substance. People who have allergies and who know people who have...more

FDA Will Finally Weigh In on “Gluten-Free” Labeling Requirements

by Natalie Naugle | Morrison & Foerster - Private Surgeon... on 3/6/2013

Over the past several years, consumers have no doubt seen an increase in “gluten-free” representations on food labels and restaurant menus. But what does “gluten-free” really mean and why is it important? After years of...more

Herbalife Recalls Some Lots of Its Nutritional Shake Mix

by Demas Law Group on 3/5/2013

There are certain companies in the United States that should be viewed as true success stories. They come out with innovative products, they penetrate new markets and they earn a level of branding that leads people to attach...more

Food Litigation Newsletter - February 2013

by Perkins Coie on 2/27/2013

In This Issue: - Court Rules that Yogurt Dispute Belongs Before the FDA - Conclusory Allegations that Advertising is “False and Misleading” Fail Minimum Pleading Standards - 5-Hour Energy Authorized To Sue...more

FTC Drops Bomb on Pom: Finds Ads Touting Health Benefits of Pomegranates Unsubstantiated and False

by Robert Lehrburger, Christine Miller, Saul Shapiro, Travis Tu, Frederick Warder, Steven Zalesin | Patterson Belknap Webb & Tyler LLP on 1/28/2013

Last week, the Federal Trade Commission issued its much-anticipated ruling in the agency’s case against POM Wonderful. In a unanimous 5-0 decision, the Commission found that Pom’s advertisements touting the amazing health...more

Monster Energy Offers Caffeine Math in Response to Report

by Michele Bowman | Lawyers.com on 1/23/2013

Aready under the microscope in a lawsuit filed by the parents of a teen who died after drinking two cans of its energy drink, Monster Beverage Corporation is taking a report by the Drug Abuse Warning Network (DAWN)...more

FTC Commission Upholds POM Wonderful Decision Regarding Deceptive Claims

by Fuerst Ittleman David & Joseph, PL on 1/22/2013

As we previously reported, on September 27, 2010, the Federal Trade Commission (“FTC“) filed an administrative complaint against POM Wonderful LLC (“POM“) for allegedly making unsubstantiated claims, which were also false or...more

GMO Laws Spread to Washington and New Mexico

by Alejandro Bras, Michael Steel | Morrison & Foerster LLP on 1/16/2013

Just months after the November defeat of California’s Proposition 37, the “California Right to Know Genetically Engineered Food Act,” proponents of labeling genetically modified food have proposed similar disclosure laws in...more

Levick Weekly - January 11, 2013: Bank Of America Is At The Crossroads (Again)

by Gene Grabowski, Richard S. Levick, Kathleen Wailes | LEVICK on 1/13/2013

In This Issue: - Herbalife Speaks For Itself As Ackman And Loeb Duke It Out - Lance Armstrong: Coming Clean Won’t Be Enough - Bank Of America Is At The Crossroads (Again) - White Collar Enforcement In 2013...more

Class Action Lawsuits Attack Yogurt Products for Nonconformance with Standards of Identity

by Fuerst Ittleman David & Joseph, PL on 1/3/2013

Over the past eight months, numerous class action lawsuits have been filed by consumers against yogurt manufacturers regarding the use of milk protein concentrate (“MPC”) as an ingredient in yogurt products. Generally, the...more

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