News & Analysis as of

Food Safety Corporate Counsel

K&L Gates LLP

FDA Weighs in on Microplastics and Nanoplastics in Food

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In a development that is expected to complicate many litigation challenges alleging that the presence of low levels of microplastics in food is inherently unsafe, officials from the US Food and Drug Administration (FDA or...more

Fishman Haygood LLP

Concluding that Plaintiffs Had Pleaded Sufficient Facts to Hold Non-Manufacturing Retailer Liable, U.S. Fifth Circuit Reverses...

Fishman Haygood LLP on

A recent Congressional report identified the risk of toxic heavy metal contamination of various brands of commercial baby food. Palmquist v. Hain Celestial Group is one of the first of many cases pending nationwide seeking...more

BCLP

PFAS litigation update: The risks of consumer product marketing claims

BCLP on

As general awareness of per- and polyfluoroalkyl substances (“PFAS”) has continued to rise in recent years, courts have experienced an increase in civil lawsuits alleging false and misleading advertising in corporate...more

Hogan Lovells

Preliminary injunction issued against new Proposition 65 lawsuits for acrylamide in food & beverage

Hogan Lovells on

On 29 March 2021 the United States District Court for the Eastern District of California entered a significant ruling temporarily halting the filing of new lawsuits by the California Attorney General and anyone else related...more

Bilzin Sumberg

Big Win For General Mills as Eleventh Circuit Affirms Dismissal of Contaminated Cheerios Class Action

Bilzin Sumberg on

On May 20, 2020, the Eleventh Circuit affirmed the dismissal of a proposed class action against General Mills for its alleged failure to disclose the presence of a harmful chemical in its Cheerios cereal....more

Mintz - Health Care Viewpoints

Not So Sweet: Failure to Timely Recall Contaminated Ice Cream Results in Major Consequences for Texas Manufacturer

On May 1, 2020, Blue Bell Creameries L.P. (Blue Bell) agreed to plead guilty to charges that it distributed contaminated ice cream products that were linked to a 2015 listeriosis outbreak. The Blue Bell outbreak made...more

Dechert LLP

Delaware Supreme Court Reverses Dismissal of Caremark Claim, Finding Lack of Board-Level Oversight and Director Independence

Dechert LLP on

In Marchand v. Barnhill et al. (“Blue Bell”),1 the Delaware Supreme Court on June 19 unanimously reversed the dismissal of a shareholder derivative lawsuit against the members of the board of directors and two officers of...more

BCLP

Ninth Circuit Strikes Down Parts of Idaho’s Ag-Gag Law; Other Laws Face Legal Challenges

BCLP on

The Ninth Circuit’s recent decision striking down parts of Idaho’s ag-gag law, which aims to deter undercover investigation by making it a crime to lie to gain entry into animal facilities, is the latest court decision to...more

Perkins Coie

$18 Million Fine Levied for Campaign Finance Violation in Washington State

Perkins Coie on

On November 3, 2016, a Thurston County Superior Court judge levied an $18 million penalty against a trade association for violations of Washington campaign finance laws. This is believed to be the largest campaign finance...more

Maynard Nexsen

OSHA Issues Rules for Food Safety Whistleblower Cases

Maynard Nexsen on

On April 18, 2016, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued final procedural rules for investigating whistleblower cases under the Food Safety Modernization Act (FSMA). The...more

Robins Kaplan LLP

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

Robins Kaplan LLP on

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

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