News & Analysis as of

Food Labeling

Uncertainty Abounds for Food Labeling Rules

In the next year, a number of pending FDA and USDA regulatory proposals threaten to upend the food manufacturing environment and may result in food and beverage companies being forced to change their labels (and possibly...more

Menu Compliance Counts Starting May 5th

by Barley Snyder on

Restaurant calorie labeling: Starting next month, it’s not just for McDonald’s anymore. In an issue Barley Snyder has been tracking for years, the Food and Drug Administration is poised to begin enforcement of its...more

Senate Hearing on FDA Commissioner Nominee Scott Gottlieb Provides Insights on the Future of Food Safety and Labeling

by Kelley Drye & Warren LLP on

Last Wednesday, April 5, the Senate Committee on Health, Education, Labor, & Pensions held a hearing on the nomination of Scott Gottlieb, MD, as Commissioner of the Food and Drug Administration. As part of the hearing,...more

The Dirt on “Clean” Labels

by Davis Wright Tremaine LLP on

Everybody wants “clean” labels. But, what does that mean? With no legal definition, “clean” labeling encompasses a wide-range of claims, such as natural, healthy, -free, simple, small-batch, no preservatives, no artificial...more

Expect a Mess When Food and Class Actions Collide: Part 1

by Benesch on

Remember eating pasta and spaghetti sauce as a kid? Remember what it did to your shirt? Your face? Want to rekindle that memory? Two recent cases will help you revive it. One involves gumbo; the other, gourmet foods and...more

Food and Beverage News and Trends - March 2017 #2

by DLA Piper on

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. FDA holds public meeting on redefining "healthy" claims in food labeling....more

FDA’s Public Meeting on the Use of the Term “Healthy” in the Labeling of Human Food Products – A Summary of Key Points

On March 9, 2017, the Food and Drug Administration (FDA or Agency) held a public meeting in Rockville, MD, which FDA officials described as a way to engage in a dialog with the public and regulated industry and allow for...more

Food and Beverage Law Update: March 2017

by Holland & Knight LLP on

Legalized Drug Use Impacts the Food and Beverage Industry - In the November 2016 general election, voters in Arkansas, Florida and North Dakota amended their state constitutions to authorize the use of marijuana for...more

FDA Revisits “Healthy” Claims on Human Food Labels

by McGuireWoods LLP on

The U.S. Food and Drug Administration (FDA) is revisiting its definition of “healthy” for the first time in nearly 25 years. On March 9, 2017, it held a meeting to invite public comments on redefining the term “healthy” in...more

Brexit: What's on the Menu for UK's Food Operators?

by Hogan Lovells on

With so much focus on sectors such as financial services, it is easy to forget that the impact of Brexit on the UK's food industry could also be significant. From trading and supply chain implications, potential issues in...more

FDA Public Meeting Recap: FDA Revisits “Healthy” Claims

by McGuireWoods LLP on

On March 9, 2017, the U.S. Food and Drug Administration (“FDA”) held a public meeting to invite public comments on the possibility of redefining use of the term “healthy” in the labeling of human food products. The FDA’s...more

Australian competition and consumer law update for food & beverage sector

by DLA Piper on

The Australian Competition and Consumer Commission (ACCC) recently released its Compliance and Enforcement Policy for 2017. The compliance and enforcement priorities that are likely to be most relevant to businesses in the...more

Food and Beverage News and Trends - March 2017

by DLA Piper on

Appeals court rejects lawsuit calling for mandatory “cage-free” egg labeling. On February 27, the US Court of Appeals for the Ninth Circuit rejected a lawsuit filed by two animal advocacy groups and six egg consumers who had...more

Food and Beverage News and Trends - February 2017

by DLA Piper on

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. California judge finds Roundup to be a possible cause of cancer. On January...more

Reexamination of “Healthy” Continues with an FDA Public Meeting in March 2017

As we’ve previously reported, FDA has signaled its interest in reviewing the scope and meaning of the nutrient content claim “healthy,” in part as result of a dispute with KIND LLC about label claims for its KIND Bar...more

FDA to Hold Public Meeting to Discuss the Use of the Term “Healthy” in Food Labeling

The Food and Drug Administration (FDA or agency) announced this week that it will be hold a public meeting on March 9, 2017, from 8:30 a.m. to 5:30 p.m., to discuss the use of the term “healthy” in the labeling of food...more

Food for Thought: A Review of 2016 Litigation

by Carlton Fields on

Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others...more

Decoding New FDA Nutrition And Supplement Facts Guidance

The U.S. Food and Drug Administration continues to fulfill its promise to provide food and dietary supplement companies with additional guidance on complying with the new final rules amending nutrition facts label...more

Missouri Court of Appeals Holds Ingredient List Label on Product Not an Absolute Defense to Claim for Deceptive Merchandising...

by Williams Venker & Sanders on

Murphy v. Stonewall Kitchen, LLC, No. 104072 (November 8, 2016)- The Missouri Court of Appeals, Eastern District, reversed a trial court’s order dismissing an action on the grounds that an ingredient list label was a...more

The Viability of the “Primary Jurisdiction Doctrine” Defense and Other Ways to Stem the Tide of Food & Beverage Class Actions

by King & Spalding on

As our readers are well aware, in the past decade, food and beverage manufacturers have faced an unrelenting onslaught of putative class actions challenging allegedly false or misleading labels. In the January 2016 issue, we...more

Watch Out for Vegan Cheese: Labeling and Promotion of Vegan “Dairy Products” in the European Union

by King & Spalding on

The Court of Justice of the European Union (ECJ) will soon decide on the issue of whether plant-based products may be labeled and promoted with product names intended for dairy products such as “Veggie-Cheese,” “Tofubutter”...more

Update: GMO labeling regs get Trumped

by Thompson Coburn LLP on

The Trump Administration’s latest executive orders have effectively prevented the USDA from promulgating rules on GMO food labeling. The development will likely throw a wrench in the USDA’s anticipated plans to give more...more

Keeping those New Year's resolutions just got a little easier in Ontario

by Smart & Biggar on

The Ontario Healthy Menu Choices Act and its Regulations, which became effective January 1, 2017, aims to allow Ontarians to make informed food and beverage choices when eating in a restaurant or purchasing take-away meals. ...more

2017 Food And Beverage Industry Outlook: Part 2

by McGuireWoods LLP on

As discussed in part 1 of this two-part series, the food and beverage industry is expected to see regulatory and legislative changes on multiple fronts in 2017. But industry observers also anticipate an active year in U.S....more

Clearing up Standards to Earn Government’s “Organic” Seal

by Barley Snyder on

Federal officials believe a new rule will increase consumer confidence in the government’s “organic” seal and allow for more uniform enforcement of standards concerning organic products. The Organic Livestock and Poultry...more

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