Food Manufacturers

News & Analysis as of

FDA Issues Final Rule on Food Ingredients that May Be Generally Recognized as Safe (GRAS)

The US Food and Drug Administration (FDA) has issued this final rule detailing the criteria for concluding that the use of a substance in human or animal food is “generally recognized as safe” (GRAS). By way of background,...more

Intrusive surveillance systems for security purposes: the line Big Brother must not cross

Technological developments and the need for employers to monitor employees’ activities and to minimize accidents and hazards require constant adjustments in order to respect the right to privacy. While it may be tempting for...more

New Federal Law Will Require Disclosure of GMO Content in Food

A new federal law will require food makers to disclose when foods contain genetically modified ingredients. The law, which was recently signed by President Obama, will require such food products to be labeled with text,...more

Not So Sweet: The Debate Over Evaporated Cane Juice

FDA’s final guidance expresses its view that the phrase “evaporated cane juice” is false and misleading. “Evaporated cane juice” has become a popular ingredient in everything from yogurt to cookies, attracting consumers...more

That’s Tainted! What Employers Should Know About OSHA’s Enforcement of the Food Safety Modernization Act

Lost in all the landscape-altering changes made by OSHA during the last 18 months was its adoption of enforcement procedures for handling retaliation claims under the FDA’s Food Safety Modernization Act (“FSMA”). Employers...more

The updated face of food labels: The nutrition facts panel

Under the Food Safety Modernization Act (FSMA), the federal Food and Drug Administration has recently published two rules concerning the nutrition facts panel on foods and the supplement facts panel on dietary supplements....more

Obama signs GMO label bill into law

On Friday, July 29, US President Obama signed into law S. 764, which overturns Vermont's GMO label law and establishes a national standard for GMO (genetically modified organism) labeling. The US House of Representatives...more

New GMO Legislation Signed into Law

With Congress’s freshly enacted GMO labeling bill, the devil is in the implementing details. On July 29, US President Barack Obama signed legislation that establishes a national disclosure requirement for identifying...more

Table for Two: Food and Beverage Industries Face Common Challenges

Seeing the explosive growth of craft breweries, a long-time coffee producer considers expanding into the lucrative beer market. That migration to craft-beer production is part of a growing wave. Across the U.S., one to...more

DeCoster Decision—What Food and Beverage Companies Need To Know

In a recent US Court of Appeals decision that every food and beverage executive should note, the Eighth Circuit ruled that two "responsible corporate officers" must serve jail time for failing to prevent the distribution of...more

President Obama Signs Federal GMO Law, Preempts Vermont Law

On July 29, 2016, U.S. President Barack Obama signed into law the first U.S. federal law requiring food manufacturers and distributors to label products that contain genetically modified organisms (“GMO”).[1] The law...more

Contaminated Flour – Is Nothing Sacred?

As of August 1, 2016, General Mills had voluntarily recalled some 45 million pounds of several types of raw flour products because E.coli bacteria had allegedly been found in flour produced at the General Mills plant in...more

Advertising Law - August 2016

Court Awake To Plaintiff’s Deceptive Sleep-Tracking Claims Against Fitbit - A challenge to Fitbit’s claims that certain models of its exercise monitoring device tracked users’ sleep patterns will move forward after a...more

Food and Beverage News and Trends - August 2016 #2

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - GMO labeling bill enacted into federal law. On July 29, President Barack...more

Food Manufacturer Sued for Allegedly Deceptive ”Slack-Fill”

Last Thursday, four New York City residents commenced a federal lawsuit and prospective class action against the world’s leading pasta maker, Barilla S.p.A., and its subsidiaries Barilla America, Inc. and Barilla USA...more

President Signs Federal GMO Food Labeling Bill

On July 29, 2016, President Obama signed into law the federal genetically engineered (GE) food labeling bill (S. 764). The bill passed the U.S. House of Representatives on July 14, 2016, 306-117, with broad bipartisan...more

Safe Food Labeling Act — Less Label Clarity and Less Safety?

While Americans have been bombarded with news of Pokemon sightings, legislation concerning our food safety passed through the House, with barely a whisper from the mainstream media. The House of Representatives submitted...more

President Obama Signs GMO Labeling Bill

Four weeks after Vermont’s controversial legislation regulating the labeling of foods containing genetically modified organisms (GMOs) took effect, President Obama has signed into law bill S. 764, which puts in place the...more

New Industry Resources for FDA’s New Nutrition Facts Regulations

The U.S. Food and Drug Administration (FDA) published a Nutrition Facts label “Industry Resources” web page to help businesses comply with the requirements of the final rules, which became effective on July 26, 2016....more

First-Ever Federal Labeling Requirements for Bioengineered Foods Signed Into Law

On July 29, President Obama signed into law a bill establishing first-ever federal requirements for the labeling of food containing genetically engineered ingredients. The bill, known as S.764, directs the U.S. Department of...more

Obama Signs New Federal GMO Labeling Law

On July 29, President Obama signed the National Bioengineered Food Disclosure Standard (S. 764) into federal law. This law will establish national standards for the labeling of food containing genetically engineered (“GE”)...more

Food and Beverage Law Update: August 2016

When food and beverage companies think of their largest risks, data breaches have not historically come to mind, but this is changing because of reports in the past few months of major breaches by companies such as Noodles &...more

Protecting Food Industry Whistleblowers: FDA, OSHA team up under FSMA

In 2011, when the Food Safety Modernization Act was passed, it sought to revamp food safety in the United States. Since then, the Food and Drug Administration (FDA) has been hard at work passing regulations to implement the...more

Slack-fill Litigation on the Rise

The recent filing of a proposed class action targeting Mondelez International, Inc. for the amount of empty space in its Sour Patch Watermelon candy boxes is the latest lawsuit targeting consumer goods manufacturers for...more

Sweden’s Request to Ban American Lobster in the EU Risks Violating the Rules of the WTO

On February 29, 2016, the Swedish Government requested that the European Union impose a ban on imports of U.S./Canadian live lobster (Homarus americanus). Sweden argued that Homarus americanus is an “alien invasive species”...more

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