Food Safety

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Food Litigation Newsletter - August 2014 #2

In This Issue: - Recent Significant Rulings ..Court Dismisses Some of Plaintiff’s Claims In Pretzel Class Action ..Courts Increasingly Rely on FDA Notice to Stay or Dismiss ECJ Claims ..Court Dismisses...more

Food Litigation Newsletter - August 2014

In This Issue: - Recent Significant Rulings ..Court Dismisses Most of plaintiff’s Claims Based on Regulatory Violations ..Court Dismisses MSG Claims in Part on Preemption Grounds ..Court Partially...more

Got (Raw) Milk? How About Jurisdiction? Something's Sour in the Raw-Milk Case

Yesterday, the Wisconsin Court of Appeals released its unpublished opinion in Farm-To-Consumer v. Wis. DATCP, 11AP2264, a closely watched case involving Wisconsin’s regulation of raw-milk production. A couple of local farmers...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 Litigation Newsletter - July 2014

In This Issue: - Decisions ..Ninth Circuit Affirms Lodestar Attorneys’ Fees ..Court Dismisses for Lack of Standing But Applies Pom Wonderful to Avoid Primary Jurisdiction ..Court Finds Pre-Answer...more

Food fraud in China endangers McDonald's and KFC products

When fraud and wrongdoing occur in the workplace, it could result in the loss of resources, to clients, to even your job. But when fraud and wrongdoing occur in the food industry, it could result in the loss of countless...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 Product Liability in Canada - July 2014: Five drivers of litigation and steps to minimize the risk

The things we eat and drink can harm us as well as help us, a simple fact that has long made the food and beverage products industry a target for health and safety-related litigation. In recent years, however, food products...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

A Five-Step Recipe for Managing Your “Natural” Litigation Risk

The past five years have brought a deluge of class actions challenging the way in which the word “natural” is used on food and beverage labels. Perhaps predictably so, this litigation phenomenon resulted from the convergence...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. - FDA issues guidance on use of term “gluten-free” by small businesses. The...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

State GMO Labeling Laws: Friend or Foe?

Despite Vermont’s passage of its GMO labeling law and other states’ consideration of similar statutes, food manufacturers continue to support uniform federal legislation over the hodgepodge state-by-state approach that is...more

Restaurants And Other Employers With "Food Handlers" Required To Complete Food Handling Training No Later Than July 1, 2014

The Illinois Food Handling Regulation Enforcement Act (Act) provides that “food handlers” (both in restaurants and non-restaurants) must complete “food handling” training no later than July 1, 2014. After July 1, 2014,...more

Here We Go Again: Primary Jurisdiction and Deference to FDA

We have been here before: in an attempt to capitalize on the ambiguities and uncertainties in product labeling, the plaintiffs’ bar focuses on phrases and ingredients for which there is little FDA guidance. Last year, the...more

Food and Beverage News and Trends

GMA, others say 2009 FDA guidance on use of the term “evaporated cane juice” has caused chaos in food industry. In 2009, the FDA told manufacturers not to use the term “evaporated cane juice” on the grounds that the...more

OIG Compendium of Priority Recommendations—Are You Ready?

What’s Happening? The U.S. Department of Health and Human Services (“HHS”), Office of Inspector General (“OIG”) recently released the Compendium of Priority Recommendations (the “OIG Compendium”). This annual...more

Will Feds Step Onto the GMO Playing Field?

In January and April, this space took a look at the growing patchwork of state proposals for regulating the labeling of foods with genetically modified ingredients (GMOs). As posited here in April, the recent surge in such...more

GMO Notification and Labeling Bill Introduced in the House

Last month, Rep. Mike Pompeo (R-KS) introduced a bill in the House to amend the Food, Drug, and Cosmetic Act with respect to the commercialization of food produced from, containing, or consisting of a bioengineered organism. ...more

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