News & Analysis as of

Food Supply

Obama Administration’s Organic Animal Welfare Rule Postponed a Second Time

by Varnum LLP on

For the second time, the effective date of the Organic Animal Welfare Rule (OAWR) proposed by the United States Department of Agriculture during the last days of the Obama administration has been pushed back. The new...more

Food & Beverage Litigation Update | June 2017 #2

Seattle Approves Tax on SSB Distributors - The Seattle City Council has approved a tax on distributors of sugarsweetened beverages (SSBs) proposed by the city’s mayor. SSBs covered by the tax include sports, fruit, energy...more

Food & Beverage Litigation Update | June 2017

Brazilian Meatpacker to Pay $3.2 Billion to Settle Bribery Charges - The holding company of Brazilian meatpacker JBS SA has reportedly agreed to pay a $3.2billion fine for the company’s involvement in a graft and bribery...more

Retailers and Other Food Importers Must Ensure Food They Import Meets U.S. Safety Standards

by Bryan Cave on

Requirements take effect today under the FDA’s new Food Safety Verification Program (FSVP), which makes retailers and other businesses that import food into the United States responsible for verifying that the food has been...more

Third Circuit Vacates District Court’s Decision And Remands For Further Proceedings Regarding Whether The Parties Agreed To...

by Carlton Fields on

In this case, plaintiff Aliments Krispy Kernels, a Canadian “snack purveyor,” brought suit to confirm an arbitration award it received against Nichols Farms, a pistachio grower, in New Jersey federal district court. Nichols...more

FDA Commissioner Nominee Gottlieb Written Responses Signal Support for Food Safety and Science-Based Approach to Consumer...

by Kelley Drye & Warren LLP on

Dr. Scott Gottlieb, recently submitted written responses to questions posed by members of the Senate Health, Education, Labor and Pensions Committee as a follow up to his hearing on April 5. As a follow up to our April 13...more

Federal Court Strikes Down EPA Farm Exemption Reporting Rule

by Barley Snyder on

Farms formerly exempt from certain federal, environmental reporting regulations now will have to go through the reporting process after a federal court decision earlier this month erased the Environmental Protection Agency...more

High Time for the Supreme Court to Review Ascertainability in Class Actions

by Pepper Hamilton LLP on

The U.S. Court of Appeals for the Ninth Circuit recently upheld certification of a class of retail purchasers of Wesson-brand cooking oil in a false advertising case, despite the fact that almost all class members will never...more

Update On Efforts To Protect The U.S. Food Supply From Agroterrorism

by Fox Rothschild LLP on

The recent horrific attacks in Syria reminded me of the concerns following 9/11 about potential attacks on livestock and poultry. Those concerns rose to the highest echelon in our government and others, exemplified by the...more

Are You Exempt? FDA Announces Waivers for Certain Businesses Subject to the Sanitary Transportation Rule

by Dickinson Wright on

The FDA Food Safety Modernization Act (FSMA) rule on Sanitary Transportation of Human and Animal Food is now final and on April 5, 2017, the FDA published three waivers for certain qualifying businesses. The Sanitary...more

Food Fight: Two Sides to Every Chicken Filler Story

by Lewitt Hackman on

The Canadian Broadcasting Corporation (CBC) recently aired a segment reporting that real chicken content in Subway sandwiches amounted to a lot less than what the average consumer would expect. The network commissioned DNA...more

CFIUS Reform Turns to Food Security

by Hogan Lovells on

Congressional efforts to reform the Committee on Foreign Investment in the United States (CFIUS), a U.S. Government interagency committee that conducts national security reviews, continue apace. This week saw the introduction...more

Brexit: What's on the Menu for UK's Food Operators?

by Hogan Lovells on

With so much focus on sectors such as financial services, it is easy to forget that the impact of Brexit on the UK's food industry could also be significant. From trading and supply chain implications, potential issues in...more

Food for Thought: A Review of 2016 Litigation

by Carlton Fields on

Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others...more

Food contact goods and the FSVP: Deciphering the FDA’s stance

by Thompson Coburn LLP on

The last 18 months have seen a flurry of regulatory activity as the FDA has finalized and begun enforcing a number of new regulations based on the Food Safety Modernization Act (FSMA). Among these regulatory schemes is the...more

Third Circuit Affirms Rescission of $25 Million Contaminated Products Policy

by Carlton Fields on

In H.J. Heinz Co. v. Starr Surplus Lines Ins. Co., No. 16-1447 (3d Cir. Jan. 11, 2017), the Third Circuit affirmed a District Court’s order allowing insurer Starr Surplus Lines Insurance Company (“Starr”) to rescind a $25...more

Final Rule Affecting Organic Livestock and Poultry Producers Put on Hold

by Barley Snyder on

As Barley Snyder follows the evolution of the Organic Livestock and Poultry Practices Final Rule, the Agricultural Marketing Service of the USDA recently announced the effective date of the rule has been delayed to May 19 --...more

Managing a Dairy in Crisis: A Lender’s Guide

by Varnum LLP on

Managing a failing dairy is always a challenge for agricultural lenders. The complexity of large dairies, the nature of the collateral (live animals and perishable feeds), and the tight margins that exist when milk prices...more

Clearing up Standards to Earn Government’s “Organic” Seal

by Barley Snyder on

Federal officials believe a new rule will increase consumer confidence in the government’s “organic” seal and allow for more uniform enforcement of standards concerning organic products. The Organic Livestock and Poultry...more

The Obama Administration Eases Sanctions Against Sudan

by Hogan Lovells on

On January 13, 2017, the White House, the U.S. Department of Treasury ’s Office of Foreign Assets Control (OFAC) , and the U.S. Department of Commerce ’s Bureau of Industry and Security (BIS) announced a host of policy...more

Boletín Mensual de Comercio Internacional: Diciembre - Información con Énfasis en la Regulación Comercial y el Arbitraje...

by Holland & Knight LLP on

Durante el mes de diciembre destacan los siguientes temas: Prácticas Desleales, Competencia Económica, Acceso, Comercio, Aduanero, Propiedad Intelectual, Inversión, Solución de Diferencias, Arbitraje....more

Senator Stabenow Introduces Urban Agriculture Act of 2016

by Varnum LLP on

This fall, U.S. Senator Debbie Stabenow announced plans to introduce the Urban Agriculture Act of 2016, legislation that would support urban farming initiatives and increase access to healthy food. “Urban agriculture is...more

Food for Thought: Ninth Circuit Rejects GMO and Pesticide Bans in Three Hawaii Counties Because State and Federal Laws Preempt the...

by Carlton Fields on

Alika Atay et al v. County of Maui, et al, No. 15-16466 (9th Cir., Nov. 18, 2016) - Hawai’i Papaya Indus. Assn., et al v. County of Hawaii, No. 14-17538 (9th Circ., Nov. 18, 2016) - Robert Ito Farm, Inc., et al. v. County...more

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

by 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

When “Organic” is Not “Organic,” Even When the USDA Says It Is

by Barley Snyder on

Producers of agricultural products go to great lengths to achieve the U.S. Department of Agriculture’s “organic” label. Under the USDA’s National Organic Program (NOP), organic certification is a complex time-consuming...more

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