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Food Marketing Food and Drug Administration (FDA)

Morrison & Foerster LLP - Class Dismissed

Health Halo Trend Continues With Poppi "Gut Healthy" Sodas

Late last month, San Francisco resident Kirstin Cobbs initiated a class action lawsuit against poppi after purchasing its product, poppi prebiotic soda, believing the product to be “gut healthy.” Poppi sodas are packaged in...more

Alston & Bird

Food & Beverage Digest – Spring 2024: Juicier Than Ever

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In the spring edition of the Food & Beverage Digest, our roundup of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, we ponder the significance of insignificant, real...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation and Regulatory Update - June 2024

LEGISLATION, REGULATIONS & STANDARDS - FDA Receives Approval for Reorganization Creating Unified Human Foods Program - The U.S. Food and Drug Administration (FDA) has received approval for a reorganization proposal...more

Epstein Becker & Green

Nuts or Not Nuts? Second Circuit Declines to Consider Whether KIND’s Use of All-Natural Is Deceptive, Misleading

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Think you’re being healthy when you reach for that KIND bar in the middle of your workday? We won’t say yes or no—since the U.S. Court of Appeals for the Second Circuit has recently declined to opine on what “all...more

Alston & Bird

New Law Provides Food & Beverage Industry Protection Against Lawsuits Challenging “Healthy” Claims During Ongoing FDA Rulemaking

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Our Food & Beverage Team reports good news for the industry: product labels can follow either the Food and Drug Administration’s current version or any new version of a rule defining “healthy.”...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation and Regulatory Update - March 2024 #2

LEGISLATION, REGULATIONS & STANDARDS - FDA Approves Qualified Health Claims for Yogurt - The U.S. Food and Drug Administration (FDA) will allow qualified health claims asserting the consumption of yogurt is associated...more

Clark Hill PLC

The Learned Concierge - March 2024, Vol. 6

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The Learned Concierge - Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

American Conference Institute (ACI)

[Event] 8th Advanced Summit on Food Law - April 30th - May 1st, Chicago, IL

Attend ACI’s 8th Advanced Summit on Food Law – Regulation, Compliance and Litigation and obtain the tools and techniques you need to meet the legal and regulatory challenges which the food industry is now facing as well as...more

Husch Blackwell LLP

The Future of Functional Foods

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Following the social isolation and public health concerns associated with the COVID-19 pandemic, many Americans reevaluated their health and wellness priorities, creating new opportunities for food systems companies to...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation and Regulatory Update - July 2023

The International Agency for Research on Cancer (IARC) released a report in which it classifies a common artificial sweetener—aspartame—as a Group 2B carcinogen. The Food and Drug Administration first approved aspartame for...more

Hogan Lovells

FDA continues work on consumer research on front-of-pack nutrition labeling

Hogan Lovells on

The U.S. Food and Drug Administration (FDA) published a second procedural notice regarding its plans to conduct consumer research on a front-of-pack (FOP) nutrition labeling scheme....more

Harris Beach PLLC

Food and Beverage Trends: Regulatory Developments on Dietary Guidance Statements, Salt, and Chicken; More Litigation on...

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Salt, chicken, and more were on the minds of federal regulators in April, as the U.S. Food and Drug Administration (“FDA”) issued proposed rules and labeling guidance on food products, and the USDA was petitioned to better...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation and Regulatory Update - May 2023 #2

LEGISLATION, REGULATIONS & STANDARDS - Group Petitions USDA to Prohibit ‘Low-Carbon Beef’ Label, Require Verification for Carbon Claims - The Environmental Working Group (EWG) has petitioned the U.S. Department of...more

Morgan Lewis - Well Done

A Sweet Deal: FDA Allows New Qualified Heart-Healthy Claim for High Flavanol Cocoa Powder

FDA recently announced it does not object to the use of certain qualified health claims regarding the relationship between the consumption of cocoa flavanols in high flavanol cocoa powder and a reduced risk of cardiovascular...more

Davis Wright Tremaine LLP

'Made in the USA'? USDA Pitches Major Changes for Labeling Meat and Egg Products

In March 2023, the USDA Food Safety and Inspection Service ("FSIS") issued a proposed rule that would amend regulations defining when companies may use the voluntary label claim "Product of USA" and "Made in the USA." Here's...more

American Conference Institute (ACI)

[Event] 7th Advanced Summit on Food Law – Regulation, Compliance and Litigation - April 18th - 19th, Chicago, IL

American Conference Institute is hosting the 7th Annual Advanced Summit on Food Law – Regulation, Compliance, and Litigation from April 18-19, 2023, in Chicago! Prepare for the future by examining current controversies,...more

Holland & Knight LLP

Food and Beverage Labeling Defense Strategies

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A trio of recent cases challenging disparate food and beverage labels offers a few common substantive and procedural lessons for companies. First, the back panels – when considered in light of U.S. Food and Drug...more

Shook, Hardy & Bacon L.L.P.

FDA Issues Draft Guidance on Plant-Based Milk Alternatives

The U.S. Food and Drug Administration (FDA) has announced the availability of draft guidance for industry on labeling plant-based milk alternatives. The guidance indicates that plant-based milk alternatives can be labeled as...more

Hogan Lovells

FDA to test front of pack nutrition labeling schemes through consumer research

Hogan Lovells on

The U.S. Food and Drug Administration (FDA) continues to explore the development of a standardized front of package (FOP) nutrition labeling scheme by conducting consumer research....more

Alston & Bird

Food & Beverage Digest – November 2022: Home of Minty Fresh Class Actions

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In the November edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, kombucha creates a buzz, some purported smoked cheese...more

Jones Day

FDA Proposes Updated Definition of "Healthy" Claim for Food; Seeks Comment

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In Short - The Situation: To conform with current nutrition science and federal dietary guidance, the U.S. Food and Drug Administration ("FDA") has proposed updated criteria for when food labels can bear what the FDA...more

Morgan Lewis

Eat Your Greens: FDA Proposes New Definition for ‘Healthy’ Packaged Food Claims

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The US Food and Drug Administration issued a proposed rule on September 29 setting forth new criteria for the labeling of food products with the nutrient content claim “healthy” intended to help consumers more easily navigate...more

Snell & Wilmer

FDA Proposes Updated Definition of ‘Healthy’ for Foods

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Today, the FDA proposed updated criteria for when foods can be labeled with the nutrient content claim “healthy” on their packaging. This proposed rule would align the definition of the “healthy” claim with current nutrition...more

BakerHostetler

AD-ttorneys@law - May 2022

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NAD Won’t Rename Supplement Maker - Innovix Pharma loses on product claims but gets to keep its calling card. Nerding Out - Aside from the intricacies of advertising, advertising law, and the disputes engendered...more

Morrison & Foerster LLP - Class Dismissed

Till The Cows Come Home: Tenth Circuit’s Affirmation Of Federal Preemption Is A Win For Defendants In Food Labeling Cases

The Tenth Circuit recently held that the Federal Meat Inspection Act (FMIA) gets the final word on what “Product of the U.S.A.” means for labels of beef products. Thornton v. Tyson Foods, Inc., No. 20-2124, 2022 WL 727628...more

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