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Food Litigation Newsletter - December 2014 #2

In This Issue: - RECENT SIGNIFICANT DEVELOPMENTS AND RULINGS ..Mott’s Defeats Class Certification in Apple Juice Labeling Fight ..Court Tentatively Approves Classes in ConAgra “Natural” Cooking Oil...more

House Committee Hearing Debates "GMO" Labeling Bill

On December 10, 2014, the U.S. House Energy & Commerce Subcommittee on Health held a hearing on Examining FDA's Role in the Regulation of Genetically Modified Food Ingredients. The witnesses included Michael Landa, Director...more

Insurance Recovery Law -- December 2014

Texas Appeals Court Upholds $8.7M Verdict for Policyholder Against Broker - Why it matters: An appeals court in Texas upheld an $8.7 million jury verdict against a broker that procured coverage with significant...more

Partial Recall: Product Contamination Coverage Has Its Limits

In disputes over the scope of liability coverage, courts must often draw a line between (1) providing insurance against errors that harm others and (2) broadly guaranteeing the work product of the insured. The problem is...more

EP ENVI Committee Proposes Moratorium on the Use of Nanomaterials in Food

On November 24, 2014, the European Parliament (EP) Committee on Environment, Public Health and Food Safety (ENVI) considered draft legislation concerning novel foods. The Committee amended the draft legislation, proposing a...more

Regulatory Risk Update: Sentencing Council proposes new fining regime for Food Safety and Food Hygiene offences

The Sentencing Council has just opened a consultation on proposed draft Guidelines for the sentencing of Food Safety and Food Hygiene offences. The paper sets out in detail its recommendations as regards sentences for these...more

EP Committee Study on Legislative Areas of the TTIP Addresses Nanomaterials

The European Parliament (EP) Committee on Environment, Public Health, and Food Safety (ENVI) has posted a study entitled ENVI Relevant Legislative Areas of the EU-US Trade and Investment Partnership Negotiations (TTIP). The...more

FDA and the Center for Food Safety Reach Settlement Regarding FDA’s GRAS Rule

On October 20, 2014, FDA reached a settlement with the Center for Food Safety (“CFS”) in litigation pending in the U.S. District Court for the District of Columbia. This litigation is related to FDA’s rule for food additives...more

Global Food, Drugs, Medical Devices and Cosmetics Newsletter - 3rd Edition

Welcome - We are pleased to provide you with the Fall edition of the Global Food, Drugs, Medical Devices and Cosmetics newsletter. This newsletter provides updates on important issues and developments across these...more

FDA Publishes Four Key Supplemental Proposed Rules Under the Food Safety Modernization Act

The Food and Drug Administration (FDA) Food Safety Modernization Act (FSMA) was signed into law on January 4, 2011. This groundbreaking piece of legislation is aimed at improving FDA’s capacity to prevent, detect, and respond...more

Food and Beverage News and Trends - Food and Beverage Alert (US): October 2014

School Nutrition Association responds to critical article, sets forth its views on healthy lunches. The School Nutrition Association, which represents school cafeterias across the nation, responded on October 7 to a New York...more

FDA Announces More Changes to FSMA Implementation Rules

On September 19, 2014, FDA announced potential changes to four rules that the agency proposed in 2013 to implement the Food Safety and Modernization Act (“FSMA”). FSMA was signed into law in January 2011 in response to many...more

Food and Beverage Alert (US)

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Judge refuses to dismiss “all natural” class action. On September 9, a...more

Guilty Convictions in Salmonella Trial May Signify Landmark in Criminal Food-Safety Prosecutions

This space has thoroughly explored the various forms of civil liability food companies face for the mislabeling and/or deceptive marketing of their products. Last week, a set of landmark convictions in a criminal food-safety...more

For Better or Worse: California Solicits Input on Further Revisions to Its Proposition 65 Regulations

Earlier this year, California’s Office of Environmental Health Hazard Assessment (OEHHA), which is charged with implementation of the State's controversial Proposition 65 law, released a “pre-regulatory” proposal to revise...more

Food and Beverage News and Trends

Bill aims to impose federal excise tax on sugary drinks. On July 29, Representative Rosa DeLauro (D-CT) introduced a bill that would tax soda and other sugary drinks. The bill, which would levy an excise tax of one...more

Food Safety Whistleblower Regulations on the Way

Otto von Bismarck once said, “Laws are like sausages, it is better not to see them being made.” Fortunately, the government that makes the laws does want to see the sausage being made and, as such, has instituted new...more

FSIS Proposes New Recordkeeping Requirements for Ground Beef Processors/Retailers

The proposal, if adopted, will require new recordkeeping by both processing establishments and retail facilities that grind raw beef products....more

Competition Enforcers focus on the Food Sector

The European competition authorities have become extremely proactive in investigating and punishing anti-competitive practices in the food sector in recent years. In the final week of June alone, substantial fines were...more

Food Litigation Newsletter

In This Issue: - Recent Significant Developments and Rulings ..100% Natural Tea Case Survives Dismissal ..Claims in Chocolate Case Survive Dismissal ..Court Denies Class Certification in “All Natural”...more

Is the ‘Food Court’ Losing Steam? - An Update on Food and Beverage Consumer Class Actions in the Northern District of California

In 2013, we examined the state of the ‘‘Food Court’’ in the Northern District of California. While highlighting the tidal wave of food and beverage-related consumer class action litigation in the Northern District, we...more

PREPARING FOR FIC (II)

Food supplements are classified by EU law as foodstuffs. As such, the legal provisions that apply to regular food generally apply to food supplements too. This News Alert looks at FIC rules which particularly impact food...more

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

Milk Processors Soured After Federal District Court Rules They Must Face Monopsonization Claims at Trial

Nearly five years into a wide-ranging monopsonization suit accusing milk processors of conspiring to depress and fix the prices paid to independent and cooperative milk suppliers, Judge Christina Reiss of the District of...more

GMO Bill Fails in California Senate

Despite the recent passage of a genetically engineered (GE) food-labeling law in Vermont, and similar bills appearing in legislatures in other states, proponents of labeling have again failed to pass such a law in California....more

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