News & Analysis as of

Marketing Food and Drug Administration (FDA) Food Labeling

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation and Regulatory Update

LEGISLATION, REGULATIONS & STANDARDS - 20 State AGs Ask FDA to Act on Lead, Metals in Baby Food - Citing a wave of childhood lead poisoning connected to recalled applesauce pouches, a group of 20 state attorneys...more

BakerHostetler

AD-ttorneys@law - August 2023

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CSPI: Performance Enhancer Supplements Aren’t What They Seem - Manufacturers need to start by including the advertised ingredients - Double-Dog Dare You - Would you eat something called Rauvolfia vomitoria? No? Of...more

Perkins Coie

Weekly Notable Ruling Roundup - June 2023

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Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. - Felix Bermudez et al. v. Colgate-Palmolive Company, No. 1:21-cv-10988-JLR (S.D.N.Y. – March...more

BakerHostetler

AD-ttorneys@law - May 2023

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FTC Lays Out Some AI Ad Essentials - But specific guidance isn’t here yet, so...let’s be careful out there....more

Clark Hill PLC

Food for Thought: When Is Food a Drug

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While we know the old adage chicken soup “cures” the common cold, decades of federal Food Drug Administration (FDA) enforcement have taught the industry that selling food as a “cure” renders it subject to criminal...more

Holland & Knight LLP

Alcohol Beverage Labeling Risk Avoidance: Them's Fightin' Words!

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Distilled spirits manufacturers recently find themselves in proverbial hot water when it comes to incomplete or misleading representations on labels. Recent state and federal court cases highlight that while mere "puffery" –...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update - December 2022 #2

LEGISLATION, REGULATIONS & STANDARDS - Evaluation of FDA Human Foods Program Finds Culture of “Constant Turmoil” - An independent review commissioned by the U.S. Food and Drug Administration (FDA) of the Human Foods Program...more

BakerHostetler

FDA Issues Proposed Rule Updating "Healthy" Food Claim Definition

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Key Takeaways - ..On September 28, 2022, the FDA issued a proposed rule to update the criteria for which foods can be labeled as “healthy” to align the definition with current nutrition science. ..For the first time,...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

Alston & Bird

Food & Beverage Digest – March 2021

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Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries. This month, the Ninth Circuit gets krabby,...more

Proskauer - Advertising Law

Survey Evidence in Amended Complaint Does Not Add Enough Juice to Save “Natural” Claims Against Mott’s Apple Products

Judge Beth Freeman of the U.S. District Court for the Northern District of California recently dismissed with prejudice a putative class action alleging that Mott’s apple-based products were deceptively labeled “Natural” and...more

BakerHostetler

AD-ttorneys@law – August 2020 #4

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Consumers Sue Mobile App Maker Over Loot Boxes - Supercell singled out for creating a gambling space for youngsters - Too Old for This - We need a minute. Just a minute. Our heads are throbbing. We just got through looking at...more

Seyfarth Shaw LLP

FDA Issues Nutrition-Labeling Guidance in Response to the COVID-19 Pandemic

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FDA recently issued two nutrition-labeling guidance documents intended to provide restaurants and food manufacturers flexibility during the public health emergency declared by the Department of Health and Human Services.  ...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l February 2020 #2

LEGISLATION, REGULATIONS & STANDARDS - France to Ban Mass Culling of Male Chicks - France’s agriculture minister has reportedly announced that the country will prohibit the mass culling of male chicks shortly after they...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l November 2018 #4

LEGISLATION, REGULATIONS & STANDARDS - USDA, FDA Announce Joint Regulation of Cell-Cultured Livestock and Poultry Products - The U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) have...more

Seyfarth Shaw LLP

FDA Menu Labeling Rules Unfreeze

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Certain restaurants, grocers, and other food establishments will soon be required to comply with the Food and Drug Administration’s (“FDA”) menu labeling rules. The FDA previously finalized menu labeling rules in connection...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | April 2018 #5

France Bans Meat and Dairy Terms for Plant-Based Foods - The French Parliament has reportedly voted to prohibit the use of meat and dairy terms to describe plant-based substitutes such as vegetarian sausage or vegan bacon....more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | October 2017 #4

Furans in Baby Food May Pose Health Risk, EFSA Reports - The European Food Safety Authority (EFSA) has issued an assessment of the risks of furans and related compounds 2- and 3-methylfurans, concluding that they pose a...more

Lewitt Hackman

Trimming the Fat: Restaurant Menu Labeling Rule Under Further Review

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In 2010 as part of the Patient Protection and Affordable Care Act a/k/a “Obamacare”, the federal government set provisions mandating restaurant chains provide nutrition information for menu items. The U.S. Food and Drug...more

Seyfarth Shaw LLP

Hold That Order! FDA Freezes Menu Labeling Rules Until 2018

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The Food and Drug Administration (“FDA”) has extended the compliance date for its menu labeling rules just days before the final rules were set to take effect....more

Manatt, Phelps & Phillips, LLP

Advertising Law - October 2016 #2

No Shades of Gray in Order Banning Supplement Claims - In a case based on a referral from the National Advertising Division, the Federal Trade Commission obtained summary judgment and a final order against an advertiser...more

Manatt, Phelps & Phillips, LLP

Agreement Reached on Bipartisan Federal GMO Food Labeling Bill

Provides Practical, Mandatory Disclosure and Preempts State GMO Labeling Laws - Senate Agriculture Committee leaders reached agreement June 23, 2016, on a bill that would require food containing genetic material modified...more

McDermott Will & Emery

Ruling Could Put Deceptive Labeling Cases on Hold

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The U.S. Court of Appeals for the Ninth Circuit today placed on hold a consumer class action involving yogurt labels until the FDA issues final guidance on use of the terms at issue in the dispute—a decision that could ripple...more

Polsinelli

On the Menu in 2015: Final Menu Labeling Regulations

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After waiting more than three years, the Food and Drug Administration (FDA) published the long anticipated final Menu Labeling Regulations on December 1, 2014. These regulations bring the requirements imposed upon restaurants...more

Cozen O'Connor

Raising “Cane” in Labeling Claims

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Class action plaintiffs again allege that the labeling on Chobani’s Greek yogurt violates FDA regulations and misleads consumers, even though a federal court in California dismissed a similar labeling class action earlier...more

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