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Marketing Food Manufacturers

Perkins Coie

Notable Ruling Roundup - July 2024 #2

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Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Candice Bradby v. Bimbo Bakeries USA, Inc., No. 1:23-cv-00522-LKG (D. Md. – April 12, 2024): The...more

Bilzin Sumberg

Barilla's Pasta Under Fire: Class Action Certified Based on Misleading Label Intimating “Italian” Origin

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On May 28, 2024, Chief Magistrate Judge Donna M. Ryu, of the United States District Court for the Northern District of California, certified a class of consumers in an action against Barilla Foods....more

Kilpatrick

NAD's Scrutiny of Non-Standard Testing Protocols: A Cautionary Tale

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A recent decision by the National Advertising Division (“NAD”) serves as a helpful reminder that companies should generally adhere to accepted industry protocols when testing their products. Using non-standard testing to...more

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

Foley & Lardner LLP

Contract Manufacturing Primer for Emerging Healthy F&B Companies

Foley & Lardner LLP on

A contract manufacturer (also known as a “co-man” or “co-packer” and for brevity, we’ll use “co-man” from here on out) is a critical partner for most emerging companies in the healthy food and beverage (F&B) space. The...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation and Regulatory Update - September 2023

LEGISLATION, REGULATIONS & STANDARDS - FDA Announces First Deputy Commissioner for Human Foods - The U.S. Food and Drug Administration (FDA) has named James Jones as the agency's first Deputy Commissioner for Human...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - August 2023

Plot Twist: NAD Agrees That Advertiser Makes Implied Claims of Improved Animal Welfare – But Finds Advertiser's Claim Is Substantiated - The nonprofit organization Animal Welfare Institute (AWI) filed a challenge with the...more

Mintz - Health Care Viewpoints

Those Aren’t Doritos: FTC and FDA Send Warning Letters to Companies Marketing Delta-8 Infused Munchies

The Federal Trade Commission’s (FTC) recent press release marks a continuation in government action against manufacturers of products infused with delta-8 tetrahydrocannabinol (delta-8).  In May 2022, the U.S. Food and Drug...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

Cadwalader, Wickersham & Taft LLP

Report on Greenwashing in the Food Sector Highlights Consumer-Focused Regulatory Activity on Climate Claims

A report released by Dutch environmental advocacy group Changing Markets Foundation has highlighted alleged “greenwashing” in the UK and German food sectors, including via claims such as ‘carbon neutral,’ ‘climate positive,’...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation and Regulatory Update - March 2023 #4

LEGISLATION, REGULATIONS & STANDARDS - Report: FDA Food Recalls Jumped 700% from 2021 to 2022 - The number of individual units of food and drink recalled by the U.S. Food and Drug Administration (FDA) in 2022 increased...more

BakerHostetler

Folks Might Be Chicken to Using Green Seals After Reading This NAD Case

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Last week, we blogged about an environmental ESG NAD challenge brought by an advocacy group; this week features a blog about an animal welfare ESG NAD challenge also brought by an advocacy group. The challenge was...more

Hogan Lovells

USDA issues final rule strengthening oversight and enforcement of its organic regulations

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The U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) has amended its organic regulations to strengthen oversight and enforcement of the National Organic Program (NOP). The final rule, which requires...more

Hogan Lovells

FTC seeks public comment on possible updates to Green Guides

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The Federal Trade Commission (FTC or the “Commission”) recently announced it will accept public comment on proposed updates to its Guides for the Use of Environmental Marketing Claims (“Green Guides”). In particular, the FTC...more

Blake, Cassels & Graydon LLP

Trois questions que tous les fabricants de nouveaux produits alimentaires devraient se poser

Au Canada, le secteur des produits alimentaires est particulièrement dynamique et devient de plus en plus en pointu au fil du temps. En effet, grâce au perfectionnement des technologies agricoles, le choix de produits...more

Blake, Cassels & Graydon LLP

Three Questions All New Food Product Manufacturers Need to Ask

Canada’s thriving food industry grows more sophisticated by the day as AgTech advancements pave the way for an ever-expanding array of new and innovative products to hit the market. After the years of research and...more

BakerHostetler

AD-ttorneys@law - November 2022

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Once Upon a Farm (OFarm) is an exemplary specimen of a now-familiar type of company - a self-proclaimed provider of “clean” baby food and snacks for older kids. OFarm’s packaging is what you’d expect: vivid, colorful graphics...more

Clark Hill PLC

Brand Protection and Strategy for Food and Beverage Companies

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Post-pandemic, food and beverage companies must now navigate a recessionary environment and runaway inflation. Thus, building, maintaining, and enforcing strong brands are more important than ever if a company is to maintain...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

Ervin Cohen & Jessup LLP

Court Approves $15 Million Settlement in Godiva Product Origin Lawsuit Over Objections from State Attorneys General

On April 20, 2022, a $15 million class action settlement was approved by the court in Hesse, et al. v. Godiva Chocolatier, Inc., over the objections of multiple State Attorneys General. Plaintiffs alleged that the company’s...more

Goodwin

California Finally Breaks From FDA On CBD: Governor Newsom Signs AB-45

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On October 6, 2021, California Governor Gavin Newsom signed AB-45, creating an explicit framework for the manufacture and sale of hemp-derivative products in the state of California. While hemp was legalized at the federal...more

Proskauer - Advertising Law

“Butter” Luck Next Time: Court Finds California Cannot Preclude Vegan Dairy from Using “Vegan Butter” Labeling

Judge Richard Seeborg of the Northern District of California recently ruled in favor of Miyoko’s Kitchen in a suit concerning Miyoko’s labeling of its plant-based spread as “vegan butter.” In doing so, Judge Seeborg...more

Hogan Lovells

CJEU opinion to German Courts on PDOs: if it says Champagne, it must taste like Champagne

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A "Champagne Sorbet" may only bear the name "Champagne" if the taste of the sorbet is also essentially characterized by Champagne. After years of litigation up to the Court of Justice of the European Union (CJEU) the Higher...more

Alston & Bird

Food & Beverage Digest – July 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, something something memory...more

Alston & Bird

Food & Beverage Digest – May 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, there’s no swimming in the fizzy...more

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