Food Safety Food Manufacturers

News & Analysis as of

The Patchwork Solidifies: GMO Bill Moves Forward in the House

The proposed Federal regulation of GMOs is proceeding. Following the White House’s recent action on GMOs, Representative Pompeo’s “Safe and Accurate Food Labeling Act” (H.R. 1599) was passed by the House Agriculture Committee...more

Polsinelli Podcast - Is a Single U.S. Food Agency a Reality? [Video]

In the United States, 2015 has brought forth several regulatory proposals in what has become a perpetual Washington, D.C. conversation: Why is there more than one federal agency responsible for food safety and what can and...more

FDA Determines Artificial Trans Fat Are No Longer “Generally Recognized as Safe”; Must Be Removed From Human Food By June 2018

Acting to finalize a tentative decision from 2013, FDA announced on June 15, 2015 that it was issuing a declaratory order that will require manufacturers to remove partially hydrogenated oils (PHOs) from processed foods over...more

PHOs Banned in the U.S.: Landmark FDA Order Declares Partially Hydrogenated Oils No Longer Generally Regarded as Safe

On June 17, 2015, the U.S. Food and Drug Administration (FDA) issued its much-anticipated Final Determination Regarding Partially Hydrogenated Oils (Order), finding there is “no longer a consensus that partially hydrogenated...more

But We Did Everything Right?: Why Agreements with Shippers are Necessary for Carriers to Protect Themselves from...

As food transporters grapple with the myriad of compliance issues raised by the Food Safety Modernization Act and the FDA’s looming proposed “Food Safety Rule on the Sanitary Transportation of Human and Animal Food,” carriers...more

Food and Beverage News and Trends

Judge rejects consumer claim concerning evaporated cane juice - On March 12, a US district judge in the Northern District of Illinois dismissed with prejudice a consumer lawsuit against the manufacturer of Healthy Grains...more

Food Recalls Increase in First Quarter of 2015

Food producers are reporting a sharp rise in food recalls so far this year. During the first quarter of 2015, the U.S. Food and Drug Administration (FDA) published notices of 118 food recalls (excluding pet foods), and the...more

Court Of Appeal Upholds “Safe Harbor” Exemption From Prop 65 Warnings For Lead In Fruit Products

In a much anticipated decision, a California Court of Appeal has upheld a trial court ruling for the defense, finding that trace levels of lead in packaged fruits, vegetables and fruit juice products require no Proposition 65...more

A Single Food-Safety Agency: Is Now Really The Time?

In the wake of the passage and continuing implementation of the Food Safety Modernization Act (“FSMA”), the most sweeping reform of our food safety laws in more than 70 years, a couple of U.S. Senators and President Obama...more

Food Safety & Nutrition

The regulatory and legislative outlook for Food Safety and Nutrition is, compared to other more contentious and politicized issues, fairly robust for the next two years. At the federal agencies, there will be continued...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. - Federal judge declines to dismiss olive oil consumer class actions. A US...more

California Appellate Court Finds No Malicious Product Tampering Coverage for Westland’s Ground Beef

In 2008, Windsor Food Quality Company, Ltd. (Windsor) purchased Westland/Hallmark Meat Company’s (Westland’s) ground beef as an ingredient to be used in its José Olé® frozen food products. On January 30, 2008, the U.S....more

Food and Beverage News and Trends

New group emerges to oppose sale of GMO foods nationwide. A new nonprofit organization, U.S. Right to Know, seeks to publicize alleged harms of GMO food and to require disclosure by manufacturers of such ingredients....more

Even Further Down the Rabbit Hole: New EU Legislation Adds to GMO Quagmire

A vote by European Union (EU) lawmakers in mid-January gave individual governments within the 28-nation bloc the authority to decide whether genetically modified organisms (GMOs) can be grown and cultivated within their...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. - Prepacked caramel apples tied to four deaths from listeria. Listeria from...more

Applying FIC (III): Transitional measures and the definition of ‘placing on the market’ under New Food Rules in the EU

Regulation 1169/2011 on the provision of food information to consumers (the FIC Regulation) entered into force on 13 December 2011, though its application is a gradual process: the specific requirements concerning the...more

Setting the Table - January 2015: I Really Need A License For That?! Regulators Crack Down on Liquid Food Commodity Transporters

The new “Tank Vehicle” definition, which became effective and enforceable in all 50 states last summer, will likely have a disproportionate effect on the food commodity transportation sector due to the tendency to transport...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. - Congress compromises on school lunch changes. Congress reached a...more

CFS Files Suit to Compel EPA to Respond to 2008 Petition

The Center for Food Safety (CFS) filed suit on December 16, 2014, in the U.S. District Court for the District of Columbia against the U.S. Environmental Protection Agency (EPA) over its failure to regulate novel nanomaterial...more

GAPP Improves Michigan Food Processing

The Michigan Commission of Agriculture and Rural Development recently adopted Generally Accepted Processing Practices ("GAPPs"), which serve to promote and grow a healthy food processing industry in Michigan. Functioning...more

Setting the Table - The FDA’s Proposed Food Safety Rule: What Warehouse Leaders Need to Know

Although the FDA has characterized the risk of food contamination during transportation as “low,” a proposed FDA regulation, entitled “Sanitary Transportation of Human and Animal Food” will impose new restrictions which all...more

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

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