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

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

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

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

Like a Zombie, Mandatory Genetically Engineered Food Labeling Proposal Resuscitated in California

California voters roundly rejected mandatory labeling requirements for genetically engineered (GE) foods last year. However, the specter of California requiring such GE labels, which could apply to 75 percent of grocery store...more

FDA Refusal to Define "Natural" Leaves Food Manufacturers at Risk for More and Costlier Class Action Litigation and Looking for...

The U.S. Food and Drug Administration this month declined to weigh in on the issue of whether food products containing genetically modified ingredients can be labeled as "natural," refusing the request of three federal judges...more

Intellectual Property Year in Review

With the new year underway, we take a look back at some of the intellectual property-related highlights of 2013. Not only did the federal copyright and trademark agencies face a full-blown government shutdown this past year,...more

"Food and Beverage Labeling and Marketing Litigation Continues to Play out in the Courts and Legislatures"

The food and beverage industry has experienced a recent spate of consumer class actions attacking various aspects of the labeling and marketing of products. Advertising and marketing claims by manufacturers that a product is...more

Industry Group To Weigh In On GMO Labeling Debate

With the rise in state legislative efforts to require labeling for foods produced using genetic engineering or “GMOs,” the Grocery Manufacturers Association (GMA) is poised to enter the labeling debate by working with federal...more

FDA Refuses Judges’ Request for Clarification Regarding “All Natural” Foods

On January 6, 2014, the U.S. Food and Drug Administration (FDA) refused the request of three federal judges to clarify whether food with bioengineered ingredients may be labeled “Natural,” “All Natural” or “100%...more

As Maine Goes, So Goes The Nation?

On January 9, 2014, Maine’s governor Paul LePage signed a bill into law that would require labeling for foods made with genetically modified organisms (GMO). Eighteen months from the effective date of the bill, any...more

FDA Refuses to Settle “All Natural” Debate

The U.S. Food and Drug Administration (FDA) has officially refused requests from several courts (discussed here and here) for a determination of whether and under what circumstances food products containing genetically...more

Advertising News & Analysis - January 9, 2014

In this issue: - Will Consumers, or Plaintiffs, Cheer GMO-Free Cheerios? - "Patent Troll" Reform Bills Moving through Congress - Holiday Discounts: When Pricing Laws Attack - CFPB Examines...more

FDA declines to define "Natural"

In a much anticipated letter response, FDA has officially declined the opportunity to administratively determine whether foods containing bioengineered ingredients may be labeled as “Natural,” “All Natural” or “100% Natural,”...more

More GMO Labeling Ballot Initiatives Coming in November; Federal Labeling Initiatives in Congress

Despite losses in California and Washington, groups in favor of labeling food containing or consisting of genetically modified organisms (“GMO”) continue legislative efforts at the state and national level. Oregon and...more

Defeat on Washington I-522 GMO Labeling

State-sponsored GMO-labeling efforts faced defeat in Washington State’s November 2013 election. Voters rejected Washington State’s Initiative Measure 522 (I-522) proposal, 51.21 percent to 48.79 percent.1 Washington’s...more

Nonprofit Group Urges FDA Not to Weigh in on “All Natural” Labeling Without Notice and Comment Rulemaking

On November 4, 2013 the Center for Food Safety (CFS) sent a letter to the FDA in response to Judge Gonzalez-Rogers’ referral in Cox v. Gruma Corp. (N.D. Cal. July 11, 2013) to the FDA of the question of whether and under what...more

Washington State GMO Labeling Initiative Defeated; Kaua’i Anti-GMO Law Vetoed; Big Island Anti-GMO Bill Pending

Washington voters rejected Initiative 522 at the polls by a considerable margin this past Tuesday. Initiative 522, a right-to-know law styled similarly to California’s Proposition 37 that was defeated last year, would have...more

California Environmental Law and Policy Update - October 17, 2013

Environmental and Policy Focus -Federal Shutdown Impacts EPA Staff: The Guardian - Oct 2 -- Nearly all of the 16,205 employees of the Environmental Protection Agency (EPA) across the country, with oversight of air...more

Controversy Surrounds the Use of the Term "Natural" With Genetically Modified Organisms (GMOs)

Recently, courts weighed in on the controversy over using the very used and popular claim “all natural” on new U.S. food products containing genetically modified organisms (GMOs). Indeed, some plaintiffs filed class action...more

FDA Regulatory Update: What Does “Natural” Mean? Courts Divided on Whether to Seek FDA’s Input

As we previously reported, consumer litigation challenging “natural” and Genetically Modified Organisms (“GMOs”) advertising and labeling claims has steadily been on the rise. In recent months, a number of class action...more

The Reasonable Consumer’s Understanding of “All Natural” – Legal or Factual Issue?

Would “reasonable consumers” have regarded Paul Cezanne as highly had he painted numerous versions of still life with froot? In the ongoing California battle over lawsuits against food companies alleging false and...more

More Courts Weigh In On The Controversy Of Using “All Natural” with GMOs

A question before district courts these days seems to be whether 100% natural molasses move any slower than the FDA. In July, the Food Court in the Northern District of California asked FDA to opine on the proper use and...more

New York District Court Trims GMO Class Action Against Frito-Lay Over “All Natural” Labels

Last week, a New York federal court dismissed numerous claims against Frito-Lay North America, Inc. in a multidistrict class action over “all natural” labels on Frito-Lay products such as Tostitos, SunChips and Fritos Bean...more

Food Litigation Newsletter - September 3, 2013

In This Issue: - Recent Significant Developments and Rulings ..Class Certification Denied in Case About Coffee ..Court Dismisses Case Attacking Gerber’s Overall Marketing Message ..Court Denies Smucker’s...more

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