News & Analysis as of

Food Manufacturers The United States Food and Drug Administration

FDA Creates Uncertainty by Delaying Nutrition Facts Label Compliance

by Pepper Hamilton LLP on

On June 13, the Food and Drug Administration announced it would indefinitely extend the compliance deadline for the Nutrition Facts Label final rules, creating uncertainty for food and beverage manufacturers....more

When the Law Gives you Lemons: Will Citric Acid Make Good Lemonade for Plaintiffs? 

The food and beverage industry is faced with an onslaught of consumer fraud class actions targeting everything from the use of the terms “all natural,” “healthy,” and “organic,” to the amount of slack-fill in particular...more

Food & Beverage Litigation Update | July 2017

Cruz-Alvarez and Canfield Examine Recent Ruling on Website Access for Visually Impaired - Food and beverage companies offering retail sales on the web are facing a wave of lawsuits filed by visually impaired plaintiffs...more

The Deadline for Submitting Comments to USDA as it Prepares to Draft a Proposed Rule on GMO Labeling is Quickly Approaching –...

On June 28, 2017, the U.S. Department of Agriculture (USDA or agency) Agricultural Marketing Service (AMS) posted a list of 30 questions for consideration by stakeholders in order to assist the agency in developing a Proposed...more

Food and Beverage News and Trends - July 2017

by DLA Piper on

"Pink slime" case settles. Beef Products Inc. (BPI) and ABC News have announced the confidential settlement of a defamation case the company had filed against the network and correspondent Jim Avila over a series of news...more

FSMA: What Every Food Industry Executive Should Do & Why

by Strasburger & Price, LLP on

With six of the seven rules implemented under the 2011 Food Safety Modernization Act (FSMA) currently being enforced, what should you know and do? Here are some considerations for facilities that manufacture, pack, process,...more

Food & Beverage Litigation Update | June 2017 #3

FDA Delays Compliance Date for Nutrition Facts Labeling - The U.S. Food and Drug Administration (FDA) has announced that it will postpone the deadline for food companies to use a revised Nutrition Facts label on packaged...more

FDA Extends Compliance Dates for Nutrition and Supplement Facts Label and Serving Size Final Rules

by Baker Donelson on

On Tuesday, June 13, the United States Food and Drug Administration (FDA) announced it was extending the compliance dates for its final rules for Nutrition and Supplement Facts Labeling and Serving Sizes....more

Food & Beverage Litigation Update | June 2017

Brazilian Meatpacker to Pay $3.2 Billion to Settle Bribery Charges - The holding company of Brazilian meatpacker JBS SA has reportedly agreed to pay a $3.2billion fine for the company’s involvement in a graft and bribery...more

Lawsuit Challenges GRAS Rule on Food Substance Safety

by Morgan Lewis on

Public interest groups challenge FDA’s “Generally Recognized as Safe” Rule as failing to ensure food ingredients are safe for consumers....more

Retailers and Other Food Importers Must Ensure Food They Import Meets U.S. Safety Standards

by Bryan Cave on

Requirements take effect today under the FDA’s new Food Safety Verification Program (FSVP), which makes retailers and other businesses that import food into the United States responsible for verifying that the food has been...more

United States and Australia: Comparable Food Safety Systems

by Jones Day on

On April 19, 2017, FDA announced that both the United States and Australia have recognized each other's food safety systems as comparable to each other. This is the third time that the FDA has given this recognition to a...more

Romaine Calm: FSVP is Approaching

Does FSVP Apply to You? Are you the importer, consignee, or agent for food imported into the United States? If so, the Foreign Supplier Verification Program for Importers of Food for Humans and Animals (FSVP), a key...more

Ninth Circuit Revises Baby Food False Advertising Class Action

by Bryan Cave on

The Ninth Circuit has revived a proposed class action against Gerber, saying the mother who sued it for labeling its sugar-laden baby food as “natural” only had to prove the labels were misleading, not necessarily false....more

Mislabeled Food Products Risk Allergic Reaction

by Wilson Elser on

About 80 percent of all food products are regulated by the Food and Drug Administration (FDA). The U.S. Department of Agriculture (USDA) regulates meat, poultry and egg products. Both agencies have regulations governing food...more

Food and Beverage News and Trends - April 2017

by DLA Piper on

Six consumer groups ask major food companies to oppose regulatory reform bill. On April 11, a coalition of six consumer organizations sent a letter to 11 major food manufacturers, retailers and restaurant chains, calling upon...more

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

Food, Dietary Supplement & Cosmetics Update | Vol. IV, Issue 3

by Jones Day on

FDA Amends Waivers to Sanitary Transportation Rule - On April 6, 2017, the Food and Drug Administration ("FDA") notified industry regarding the amendment of waivers available under the Sanitary Transportation of Human...more

FDA Announces Waivers to Sanitary Transportation Rule

by Bryan Cave on

Today, FDA announced that it has issued the first three waivers under the Sanitary Transportation of Human and Animal Food Rule, one of the many rules designed to implement the Food Safety Modernization Act. These waivers are...more

FDA sanitary transport rule impacts railroads, other shippers

by Thompson Coburn LLP on

The Food and Drug Administration’s new Sanitary Transport of Human and Animal Food Rule takes effect on April 6, 2017, imposing new rigorous food safety regulations on food shippers – including railroads – and creating a...more

The New Frontier of Nutritional Labeling Guidelines - California Grocer, Issue 2

by Downey Brand LLP on

Grocers, food producers, and retail food establishments have two new regulations that will soon affect their businesses. The two new regulations impact packaged food and foods for immediate consumption. This articles...more

Beware the Empty Space - Defending Food Packaging Design Against Slack Fill Claims

by Bryan Cave on

There is a recent proliferation of slack fill litigation involving food products – both class and non-class suits. If you are a food manufacturer, distributor or seller, you need to be prepared to deal with these claims....more

Have You Noticed the Increase in Food Recalls?

by Robins Kaplan LLP on

Almost every day, the FDA announces a new recall or safety alert for a potentially dangerous food. Earlier this month, Trader Joe’s recalled some SKUs of apple sauce due to complaints that they may contain small pieces of...more

Judge Koh Issues First Blow to “Added Sugars” Plaintiffs

The Big Picture: On Tuesday, Judge Koh granted Kellogg’s Motion to Dismiss in its entirety in Hadley v. Kellogg Sales Company, No. 5:16-cv-04955-LHK (N.D. Cal.). Hadley is one of three cases against well-known cereal makers...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

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