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Misbranding Food and Drug Administration (FDA) Food Manufacturers

Patterson Belknap Webb & Tyler LLP

“Fit” For Dismissal: SDNY Rejects Class Action Misapplying FDA’s “Healthy” Regulation

When is a food “healthy”?  And who gets to decide?  A recent decision from the Southern District of New York touched on these questions in the context of an implausible consumer class action—though the court ultimately didn’t...more

Alston & Bird

Food & Beverage Digest – June 2021

Alston & Bird on

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, plaintiffs can’t remember the taste...more

Bilzin Sumberg

(Don’t) Got Milk? FDA Cracking Down on Plant-Based Beverages

Bilzin Sumberg on

At a recent Politico event, Federal Drug Administration (FDA) Commissioner Scott Gottlieb signaled the agency’s shift to a new era of more stringent enforcement in the dairy business. Gottlieb did so with an amusing quote:...more

Proskauer - Advertising Law

No More Baby Talk: Class Certification Denied in Gerber False Advertising Suit

The Northern District of California recently denied class certification to a plaintiff who alleged that Gerber Products misbranded nutritional claims about baby food products in violation of state and federal labeling laws....more

Manatt, Phelps & Phillips, LLP

No Love Lost for FDA Over Granola Ingredients

The Food and Drug Administration showed no love for Nashoba Brook Bakery’s granola by sending a letter to the Massachusetts business instructing it to remove the word “Love” from its ingredient list....more

Mintz - Consumer Product Safety Viewpoints

Food Identity Disputes Continue to Impose High-Profile Pressure on FDA

As we reported on previously, FDA recently tussled with the manufacturer of an innovative vegan condiment called “Just Mayo” based on the existence of a Federal standard of identity for mayonnaise that requires the food...more

Morrison & Foerster LLP - Class Dismissed

Judge Koh Issues First Blow to “Added Sugars” Plaintiffs

The Big Picture: On Tuesday, Judge Koh granted Kellogg’s Motion to Dismiss in its entirety in Hadley v. Kellogg Sales Company, No. 5:16-cv-04955-LHK (N.D. Cal.). Hadley is one of three cases against well-known cereal makers...more

Morrison & Foerster LLP - Class Dismissed

To Your Health: FDA Redefining the Term “Healthy” on Food Labels

On September 27, 2016, the U.S. Food and Drug Administration (FDA) announced that it has begun a public process to redefine the term “healthy” on food labels. As part of the public process, the FDA is soliciting input...more

Kelley Drye & Warren LLP

New FDA Guidance Doubles-Down on 1980 Fortification Policy and Potential Misbranding Risks of “Inappropriate Fortification”

Kelley Drye & Warren LLP on

FDA recently released its Guidance for Industry: Questions and Answers on FDA’s Fortification Policy (Guidance) to “clarify the existing policy” in response to questions FDA has received from the food industry, other federal...more

Mintz - Consumer Product Safety Viewpoints

What’s in a Name? When You’re Selling a Food with an Established Federal Standard of Identity, a Whole Lot!

A bluntly labeled section of the Code of Federal Regulations – “Mayonnaise” – provides a description of this particular food dressing, the food’s required ingredients, optional ingredients, and how to declare those...more

Morrison & Foerster LLP - Class Dismissed

Court Dismisses Labeling Claims Against Wholesoy, Deferring to the Authority and Expertise of the FDA

Are judges in the Northern District of California losing their taste for food labeling litigation? In a recent win for Wholesoy & Co., Judge Yvonne Gonzalez Rogers dismissed plaintiff’s “misbranding” claims concerning the...more

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