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Food and Beverage News and Trends

FDA clarifies its stance on cheese making. On June 13, the FDA issued a clarification stating it “does not have a new policy banning the use of wooden shelves in cheese-making, nor is there any requirement in effect...more

Grocery Manufacturers File Suit Against Vermont Over GMO Law

In April, we wrote about the Vermont legislature’s approval of a bill that would require manufacturers to change the retail labels of certain foods to indicate that they are GMO. On May 8, 2014, Vermont enacted the final...more

Primary Jurisdiction is Gaining Some Weight in the Food Court

The plaintiffs’ bar continues to file consumer class actions challenging food and beverage labels en masse, especially in the Northern District of California—also known as the “Food Court.”...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

Food And Beverage News And Trends

Food industry proposes front-of-package nutrition information. In the wake of the recently proposed changes to the Nutrition Facts panel labeling, the Grocery Manufacturer's Association proposed its own front-of-package...more

Polsinelli Podcast - FDA Proposed Changes to Food Labels and What it May Mean for Manufacturers [Video]

The Food and Drug Administration recently announced that it wants to revamp the nutrition labels on foods. There haven't been significant changes to food labels in about two decades. How may this impact food manufacturers? ...more

FDA Warning Letters Signal Narrowing of “Medical Food” Category

Manufacturers seeking to enter the medical food market face increased challenges. The Food and Drug Administration (FDA or the Agency) has issued several Warning Letters to manufacturers of medical foods...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

Advertising News & Analysis - November 21, 2013

In this issue: - FTC Announces Agenda for Native Advertising Workshop - FTC Enforcement Action Puts Service Providers on Notice - Advertisers Go Native, Regulators Take Notice - Jurisdiction Is in...more

How Will the Rise of Google Glass Impact the Food Industry?

Google glasses could impact the food industry in two ways. It could feed a growing consumer demand to know more about its food and it could better enable federal agencies to gather evidence during an inspection....more

The end of trans fats? FDA issues Tentative Determination on trans fats in processed foods

The US Food and Drug Administration has issued a Federal Register notice with its preliminary determination that partially hydrogenated oils (PHOs), the primary dietary source of artificial trans fat in processed foods, are...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

Court Dismisses Labeling Claims Against Wholesoy, Deferring to the Authority and Expertise of the FDA

Are judges in the Northern District of California losing their taste for food labeling litigation? In a recent win for Wholesoy & Co., Judge Yvonne Gonzalez Rogers dismissed plaintiff’s “misbranding” claims concerning the...more

Foreign Food Producers Play Catch-Up as FDA Issues Draft Regulations to Implement New Food Safety Standards

The U.S. Food and Drug Administration (FDA) is in the process of implementing sweeping new regulations governing the production of both domestic and imported food products. Many foreign food producers will be at a...more

Proposed Sale Of Smithfield To Chinese Company Has Some Critics Squealing, While Others Say It Will Bring Home The Bacon

Smithfield Foods, Inc. announced that it had entered into a definitive merger agreement with Chinese holding company Shuanghui International Holdings Limited on May 29, 2013. Based in Virginia, Smithfield is the world's...more

Update: FDA Regulation of Marijuana “Medibles” Presents Challenges and Uncertainty for Marijuana-based Food Manufacturers and...

As we recently reported, federal regulators have continued to take measures aimed at stymieing the growth of the marijuana industry. Medical marijuana is now legal in over 18 states and, in November 2012, voters in Colorado...more

FDA Uses New Recall Power For First Time

More than two years ago, the Food Safety Modernization Act authorized, for the first time, the FDA to force a company to conduct a food recall. Prior to that, all food recalls (with the exceptions of baby formula) were...more

FDA Proposes New Rules Regarding Growing, Harvesting, Packing And Holding Domestic And Foreign Produce

On January 5, 2013, the U.S. Food and Drug Administration (FDA), as part of a continuing overhaul of the United States’ food safety laws under the Food Safety Modernization Act (FSMA), published proposed rules regarding the...more

FDA Issues Two Proposed Rules That Will Significantly Change Regulatory Requirements For Food Safety

The FDA Food Safety Modernization Act (FSMA), which was signed into law by President Obama on January 4, 2011, proposes the most sweeping reform of U.S. food safety laws in more than 70 years. As part of the changes...more

FDA Proposed Rule Revising Current Good Manufacturing Practices and Establishing Hazard Analysis and Risk-Based Preventive...

The Food Safety Modernization Act (FSMA), enacted in early 2011, tasked the U.S. Food and Drug Administration (FDA) with improving the safety of food consumed in the United States with the goal of reducing the significant...more

FDA Shifts Focus to Prevention with Publication of Proposed Food Safety Rules

On January 4th, the U.S. Food and Drug Administration (FDA) published two long-awaited proposed food safety rules aimed at preventing foodborne illness. The proposed rules implement the 2011 Food Safety Modernization Act...more

FDA Proposes Significant Changes to Food Safety Regulations to Secure Nation's Food Supply

Food companies and farmers should be aware that they have approximately 4 months to provide their comments to the FDA regarding its proposed new food safety standards. On January 4, 2013, the FDA proposed two new regulations...more

FDA Releases New Food Safety Rules

The Food and Drug Administration (FDA) recently released drafts of two long-awaited food safety rules as part of the agency’s ongoing implementation of the 2011 Food Safety Modernization Act (FSMA). The first proposed rule...more

FDA Releases Two More Rules Implementing the Food Safety and Modernization Act

As we previously reported, President Obama signed the Food Safety and Modernization Act (“FSMA“) in January 2011 to help ensure the safety and security of foods in the United States. On January 7, 2013, the U.S. Food and...more

FDA Releases Major New Food Safety Proposals

Affected parties should familiarize themselves with proposed rules for safe food processing and handling and on-farm produce safety; comments to FDA are due by May 16....more

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