News & Analysis as of

Food Manufacturers

Rulings, Orders, Settlements – August 4, 2017

by Perkins Coie on

Court Denies Motion to Dismiss for Non-Functional Slack-Fill Class Action - White v. Just Born, Inc., No. 2:17-cv-4025 (W.D. Mo.): The Court issued an order denying Defendant’s motion to dismiss this putative...more

No Twist on Pretzel Crisps on Remand

In a 54 page decision issued on September 6, 2017, the Trademark Trial and Appeal Board (the “Board”) ended (again) a long-standing dispute between snack food makers Frito-Lay, Inc. (“Frito”) and Princeton Vanguard, LLC...more

Food and Beverage News and Trends - September 2017

by DLA Piper on

Report on consumer and retailer hurdles regarding electronic disclosure of GMO ingredients. - Consumers and small retailers face “key technological challenges” regarding electronic disclosure of GMO ingredients in foods,...more

Bittersweet: The Chicago Sweetened Beverage Tax Sparks Class Action Litigation (update)

by Benesch on

After a protracted legal fight, Cook County’s much maligned Sweetened Beverage Tax went into effect on August 2, 2017. See County of Cook, § 74-850, et seq.[1] In relevant part, the tax requires retailers of sweetened...more

Yes, Your “Natural” Label is Still a Liability

Mid-year reports have shown that there has been a resurgence in “all natural” litigation against food product companies in 2017 – an expected 30% increase in filings as compared to 2016. Don’t say we didn’t warn you. These...more

Recent Supreme Court Decision Constrains Forum Shopping in Patent Infringement Cases

by Lane Powell PC on

Until recently, if you were a plaintiff and wanted to bring a patent infringement claim, you could file suit almost anywhere. That has now changed....more

Food & Beverage Litigation Update | August 2017 #3

As plant-based beverages appear on more store shelves, the definition of “milk” has become the center of a dispute involving legislatures, regulators, litigators and industry groups. Shook Partners Katie Gates Calderon and...more

FDA Delays Start of New Animal Food Inspections

by Barley Snyder on

The Food and Drug Administration recently announced it will delay the date for certain routine regulatory inspections of large animal food facilities until next year....more

Phthalates -- Is It Really What’s for Dinner?

by Locke Lord LLP on

Over the past several years, it has been hard to miss the trend of independent labs and the plaintiffs’ bar scrutinizing—and suing upon—such findings as fat content in food products (e.g., Muscle Milk and ground beef), or the...more

Food Safety Plan Builder is Very Helpful, but Not the End of Your Plan

by Barley Snyder on

The Food and Drug Administration has new software to guide you through the creation of a food safety plan. But just because you follow it, doesn’t mean you’re automatically compliant with all federal regulations....more

Food Identity Disputes Continue to Impose High-Profile Pressure on FDA

As we reported on previously, FDA recently tussled with the manufacturer of an innovative vegan condiment called “Just Mayo” based on the existence of a Federal standard of identity for mayonnaise that requires the food...more

FDA Clarifies Relationship Between Juice HACCP and the Preventive Controls Rules, Announces FSMA Enforcement Delays

by Faegre Baker Daniels on

August has been an active month for the Food and Drug Administration (FDA), as the agency released guidance affecting juice processors and importers, announced enforcement delays for Food Safety Modernization Act (FSMA)...more

Putative Class Complains that Annie’s “Strawberry Fruit Snacks” Lack Strawberries

On August 1, 2017, plaintiff Raymond Alvandi filed a putative class action in California federal court against Annie’s, Inc., seeking damages and injunctive and declaratory relief. Alvandi alleges that Annie’s misrepresented...more

Solution to One Problem Brings Two More

by Faegre Baker Daniels on

An August 2 FDA warning letter provides a reminder that solving one problem can create a new problem—or more. The letter to Coleman Peanut Co., in Petersburg VA, recites that the company uses a cat “as the firm’s pest...more

Food and Beverage Law Update: August 2017

by Holland & Knight LLP on

Wage and Hour - Tenth Circuit Aligns with Cumbie on Tip Credits - In Marlow v. New Food Guy, Inc., No. 16-1134, 861 F. 3d 1157 (10th Cir. June 30, 2017), the court affirmed the district court's ruling, consistent with...more

Reading the Tea Leaves: Sales of Macadamia Nut Could Be Going Up!

On July 24, 2017, the Food and Drug Administration announced that it had responded to a November 2015 petition from Royal Hawaiian Macadamia Nut, Inc. for a new qualified health claim characterizing the relationship between...more

Six things to know about glyphosate

by DLA Piper on

Glyphosate, one of the most widely used herbicides in the world, is under scrutiny by media and plaintiff groups amid recent reports that it is potentially carcinogenic. A key ingredient in consumer and industrial...more

Truffle Kerfuffle: Truffle Lawsuit Not on the Menu for Plaintiffs

Truffles are renowned as one of the rarest delicacies in the world. Perhaps not quite as rare, but still fairly uncommon, is the dismissal with prejudice of a false advertising class action without the plaintiffs being...more

Food and Beverage News and Trends - August 2017

by DLA Piper on

FDA brings about voluntary recall of coffee product with Viagra-like substance. On July 13, the FDA announced that Texas-based Bestherbs Coffee, LLC is issuing a voluntary recall of a coffee product, New of Kopi Jantan...more

Food & Beverage Litigation Update | August 2017

Sen. Charles Schumer (D-N.Y.) has sent a letter to Scott Gottlieb, commissioner of the U.S. Food and Drug Administration (FDA), calling for an investigation into the use of phthalates in food and fast-food packaging. Citing a...more

Changes To The Nutrition Facts Label: What You Need To Know

by Fox Rothschild LLP on

On May 20, 2016, the Food and Drug Administration (“FDA”) announced new changes to the Nutrition Facts label required for packaged foods. The FDA’s intent was to create a new label that would make it easier for consumer to...more

FDA Postpones Food Labeling Deadline

by Reed Smith on

Last month, the U.S. Food and Drug Administration (“FDA”) pushed back the deadline for food companies to adopt changes to nutritional labels for packaged foods. Industry stakeholders welcomed the extension amidst concerns...more

It’s Sweet to be NutraSweet: Commercial Division Overturns Arbitration Award Entered in Favor of Would-be Seller of Aspartame...

by Farrell Fritz, P.C. on

As any seasoned commercial litigator knows, courts are generally loathe to overturn the independent decisions of arbitrators. New York County Commercial Division Justice Charles E. Ramos recently examined the standard for...more

Court Finds That Breach Of Fiduciary Duty Claims Is Preempted By Trade Secrets Claim

by Winstead PC on

In Super Starr Int’l, LLC v. Fresh Tex Produce, LLC, a Texas entity that distributes produce throughout the United States filed suit against another Texas entity that imports foreign grown produce into the United States and...more

Ninth Circuit Reconsiders, Nixes Deceptive Labeling Claim Against Gerber

by Bryan Cave on

Baby food maker Gerber has scored a partial victory in a false labeling would be class action. The Ninth Circuit in Bruton v. Gerber Prods. Co., Case No. 15-15174, has reversed itself and thrown out a deceptive labeling claim...more

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