Food Marketing

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Vermont Doubles Down: Representative Testifies Before Congress Against Federal GMO Labeling Bill

As we’ve explored in past posts, Congress is currently considering a bill that aims to harmonize the patchwork of state efforts at regulating GMO labeling by placing such regulation firmly within FDA’s jurisdiction. Dubbed...more

Dole Defeats “All Natural Claims” for Sweet Victory

On December 8, 2014, U.S. District Court Judge Lucy Koh of the U.S. District Court for the Northern District of California granted defendant Dole’s motion for summary judgment of the plaintiff’s false labeling claims in...more

FDA Issues Much Anticipated Final Rules on Menu and Vending Machine Nutrition Labeling

The U.S. Food and Drug Administration (FDA) recently published the long awaited final rules on menu and vending machine nutrition labeling. The rules implement section 4205 of the Patient Protection and Affordable Care Act...more

Turkey Purveyors Try to Gobble Up Trademark Rights

Last year, in the spirit of Thanksgiving, we told you about Horace W. Longacre’s unsuccessful attempt to register BAKED TAM as a trademark for its “turkey ham” product in the early 1980s. This year we bring you a related...more

The State and Local GMO Regulatory Landscape – Post-Election Edition

The November election changed the regulatory landscape for genetically modified organisms (“GMO”). Though none of the proposed GMO labeling laws on state ballots succeeded, two counties were successful in passing either a ban...more

Unilever Gets Egg On Its Face: Maker of Hellmann’s Sues Upstart Hampton Creek for False Advertising

Unilever, the maker of Hellmann’s Mayonnaise, has filed a lawsuit in New Jersey federal court against Hampton Creek foods over a competing product called Just Mayo. As many folks know, Hampton Creek is a food start-up focused...more

Food and Beverage News and Trends

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Commentator says “food addiction” is a misleading term that should not be...more

Hawaii G-M-O: Kauai County GMO Regs Struck Down in Federal Court

Throughout the year, this space has periodically re-visited the topic of regulating the manufacture and labeling of foods with genetically modified ingredients (GMOs) at the state and federal level. This week, a lawsuit out...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. - Senators express concern about FDA’s use of draft guidance documents to...more

Can We Sue The Dew?

Be forewarned. What you are about to read could very easily be characterized as a rant...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

FDA declines to define "Natural"

In a much anticipated letter response, FDA has officially declined the opportunity to administratively determine whether foods containing bioengineered ingredients may be labeled as “Natural,” “All Natural” or “100% Natural,”...more

Food Litigation Newsletter - November 12, 2013

In This Issue: - Recent Significant Developments and Rulings ..Court Rains on Plaintiff’s Vitamin Drink Suit Parade ..Potato Chip Misbranding Claims Half-Baked, Says Court ..Court: Pasta Claims Need More...more

FDA Regulatory Update: What Does “Natural” Mean? Courts Divided on Whether to Seek FDA’s Input

As we previously reported, consumer litigation challenging “natural” and Genetically Modified Organisms (“GMOs”) advertising and labeling claims has steadily been on the rise. In recent months, a number of class action...more

Carrera v. Bayer Corporation: Third Circuit Vacates Class Certification Order on Ascertainability Grounds in Consumer False...

The Third Circuit Circuit’s recent decision in Carrera v. Bayer Corporation, No. 12-2621 (3d Cir. Aug. 21, 2013), could have a significant impact on false advertising class actions involving the purchase of consumer products...more

What Would the FDA Do? Court Asks Agency to Resolve GMO Labeling Issue in “All Natural” Case Involving Mission Tortilla Chips

Last month we highlighted a tentative decision out of the Northern District of California that contemplated a stay of proceedings in the Cox v. Gruma Corp. (Case No. 12-CV-6502 YGR) matter while the FDA is asked to decide...more

Episode 97 – Santiago Cuenca-Romero Discusses Artisana’s Raw, Organic Foods June 21, 2013

In Episode 97 of The Wendel Forum (originally aired on May 18, 2013, on 960 KNEW AM radio), show moderator Dick Lyons, co-founder of Wendel Rosen’s sustainable business practice group, welcomes Santiago Cuenca-Romero, CEO of...more

FTC Drops Bomb on Pom: Finds Ads Touting Health Benefits of Pomegranates Unsubstantiated and False

Last week, the Federal Trade Commission issued its much-anticipated ruling in the agency’s case against POM Wonderful. In a unanimous 5-0 decision, the Commission found that Pom’s advertisements touting the amazing health...more

FTC Commission Upholds POM Wonderful Decision Regarding Deceptive Claims

As we previously reported, on September 27, 2010, the Federal Trade Commission (“FTC“) filed an administrative complaint against POM Wonderful LLC (“POM“) for allegedly making unsubstantiated claims, which were also false or...more

Advertising Law -- Jan 18, 2013

In This Issue: POM Loses Again to the FTC – Will Other Advertisers?; Instant Instagram Controversy; LASIK Providers Need Corrective Advertising; FTC Reports on Food Industry Marketing to Kids; Google, Viacom Accused of...more

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