News & Analysis as of

Food Manufacturers Food Contamination

"Toxic" Tort Food Litigation: The Truth Behind the Headline

by Bryan Cave on

Chicago Partners Susan Brice and Thor Ketzback, along with San Francisco Associates Merrit Jones and Thomas Lee, presented on "Toxic" Tort Food Litigation: The Truth Behind the Headline, May 4, via a live presentation in our...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

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

Food and Beverage News and Trends - January 2017 #2

by DLA Piper on

Here comes CRISPR – gene-edited plants will soon hit grocery stores and dinner tables. According to a January 9 article in The New York Times, the longstanding dispute over the regulation of GMOs may soon take a dramatic new...more

Product Contamination: Strong Underwriting is Key

by Zelle LLP on

In 2011, the Food Safety Modernization Act, regarded by many as a major reform of the food safety provisions of the Federal Food, Drug and Cosmetic Act, significantly expanded the powers of the U.S. Food and Drug...more

The Recall Button Doesn't Have to Be a Panic Button

by Blank Rome LLP on

In recent years, the food industry has experienced a dramatic increase in recalls, withdrawals and contamination events. The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) requested or monitored...more

GMO Food Labels, Our Emotions and the “Rationalist’s Delusion”

Politicians often referred to a 90% consumer preference for food labels signaling the existence of genetically modified ingredients—or GMOs as they are known—during this year’s congressional hearings regarding the now enacted...more

Contaminated Flour – Is Nothing Sacred?

by Selman Breitman LLP on

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

Food and Beverage News and Trends - July 2016 #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....more

The Last Set of Major FSMA Regulations Are Done!

The last of FDA’s seven “foundational” rules mandated under the Food Safety Modernization Act of 2011 (FSMA) was published at the end of last month, just a few days before the May 31, 2016 deadline agreed to by the Agency...more

Major Federal Food Safety Law Depends on Individual State Enforcement

by Varnum LLP on

In 2011, Congress approved the FDA Food Safety Modernization Act in response to several deadly outbreaks of foodborne illnesses. These outbreaks convinced legislators and food industry groups that the then-existing food...more

FSMA Food Defense Rule Requires Firms to Address Risk of Terrorism

by McGuireWoods LLP on

In an effort to prevent wide-scale public harm through the nation’s food supply from acts of terrorism, the U.S. Food and Drug Administration (FDA) has published its final rule regarding Mitigation Strategies to Protect Food...more

FDA Publishes Final Rule for Protection Against Intentional Adulteration as Part of Food Safety Modernization Act

by McDermott Will & Emery on

FDA has published as part of the Food Safety Modernization Act (FSMA) a final rule concerning mitigation strategies to protect food against intentional adulteration. The rule will require domestic and foreign food facilities...more

Another Statute With Broad Whistleblower Protections - The FDA's Food Safety Modernization Act (FSMA)

by Barley Snyder on

In April, the U.S. Occupational Safety and Health Administration (OSHA) issued its final rule governing unlawful retaliation against workers who complain about or disclose food safety concerns to their employer or to OSHA....more

OSHA Publishes Food Safety Whistleblower Final Rule

by Stinson Leonard Street on

The U.S. Occupational Safety and Health Administration (OSHA) published its final rule April 18, 2016 setting forth the procedures for retaliation complaints arising under the Food and Drug Administration Food Safety...more

Food and Beverage News and Trends Series - April 2016 #2

by DLA Piper on

Kellogg will voluntarily label its GMO-containing products. On March 23, Kellogg Corp. became the latest major food manufacturer to announce that it plans to voluntarily label those products that it sells that contain GMOs....more

FSMA Final Rule Published on Sanitary Transportation of Human and Animal Food

by Morgan Lewis on

The Final Rule contains notable changes from what was originally proposed. The US Food and Drug Administration (FDA) published its final rule earlier this month regarding Sanitary Transportation of Human and Animal Food...more

A Decade Later, Rules for the Sanitary Transportation of Food Finally Finalized by FDA

Last week, FDA finalized new food safety regulations seeking to ensure the sanitary transport of human and animal food, as required under the Food Safety Modernization Act (FSMA). The final Sanitary Transportation of Human...more

Food Safety Criminal Prosecutions: When Compliance is a Matter of Life and Death

by Michael Volkov on

Over the last ten to twenty years, we have witnessed the expansion of federal criminal prosecution of health and safety matters. Environmental and food and drug regulatory enforcement has been supplemented by aggressive...more

“‘Tis As Easy As Lying”: Pennsylvania Court Rescinds Policy of Corporate Giant

by Pullman & Comley, LLC on

Claims, arguments and tactics that are familiar from coverage disputes with consumers are increasingly being used against carriers by large corporate insureds—often with the assistance of well-known plaintiffs’ firms. Once in...more

FDA creates new rigorous produce safety requirements

by Thompson Coburn LLP on

Over the last 10 years, a significant number of outbreaks of contaminated foods, including E. coli and Listeria, have caused severe adverse health events – even death – for many American consumers. In November 2015, the Food...more

2015 Food Industry Decisions With Bite

by Carlton Fields on

Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others...more

Companies Beware! New Sentencing Guidelines for Health & Safety and Food Hygiene Offences

by K&L Gates LLP on

On 1 February 2016, new guidelines on the sentencing of health and safety and food offences (Health and Safety Offences, Corporate Manslaughter and Food Safety and Hygiene Offences Definitive Guidelines the “Guidelines”) came...more

Understanding the Risk and Defending Against Food-Borne Illness Class Action Litigation

by Cozen O'Connor on

Companies in the food and beverage industry are routinely confronted with false advertising claims making incredulous allegations. Recently, consumers claimed to be misled because “Froot Loops” has no real fruit and there are...more

Massachusetts Court of Appeals Precludes Coverage for Drink Bottles Despite “Loss of Use” Exception to “Faulty Workmanship”...

by K&L Gates LLP on

Manufacturers, suppliers, and distributors of food products face significant business and litigation risks associated with food contamination and recall issues. Policyholders in this chain of production should be aware that...more

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