News & Analysis as of

Nutrition Facts Labels

Food and Beverage News and Trends - April 2017

by DLA Piper on

Six consumer groups ask major food companies to oppose regulatory reform bill. On April 11, a coalition of six consumer organizations sent a letter to 11 major food manufacturers, retailers and restaurant chains, calling upon...more

Uncertainty Abounds for Food Labeling Rules

In the next year, a number of pending FDA and USDA regulatory proposals threaten to upend the food manufacturing environment and may result in food and beverage companies being forced to change their labels (and possibly...more

Menu Compliance Counts Starting May 5th

by Barley Snyder on

Restaurant calorie labeling: Starting next month, it’s not just for McDonald’s anymore. In an issue Barley Snyder has been tracking for years, the Food and Drug Administration is poised to begin enforcement of its...more

The Dirt on “Clean” Labels

by Davis Wright Tremaine LLP on

Everybody wants “clean” labels. But, what does that mean? With no legal definition, “clean” labeling encompasses a wide-range of claims, such as natural, healthy, -free, simple, small-batch, no preservatives, no artificial...more

Food and Beverage News and Trends - March 2017 #3

by DLA Piper on

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. Milk industry executive calls for FDA action against plant milks. At a US...more

FDA’s Public Meeting on the Use of the Term “Healthy” in the Labeling of Human Food Products – A Summary of Key Points

On March 9, 2017, the Food and Drug Administration (FDA or Agency) held a public meeting in Rockville, MD, which FDA officials described as a way to engage in a dialog with the public and regulated industry and allow for...more

FDA Revisits “Healthy” Claims on Human Food Labels

by McGuireWoods LLP on

The U.S. Food and Drug Administration (FDA) is revisiting its definition of “healthy” for the first time in nearly 25 years. On March 9, 2017, it held a meeting to invite public comments on redefining the term “healthy” in...more

FDA Public Meeting Recap: FDA Revisits “Healthy” Claims

by McGuireWoods LLP on

On March 9, 2017, the U.S. Food and Drug Administration (“FDA”) held a public meeting to invite public comments on the possibility of redefining use of the term “healthy” in the labeling of human food products. The FDA’s...more

Menu Labeling Excluded From ACA Repeal and Replace Bill

by Saul Ewing LLP on

The American Health Care Act (AHCA), released by House Republicans late on March 6, 2017, would repeal and replace certain portions of the Affordable Care Act (ACA). The legislation does not address section 4205 of the ACA,...more

Food and Beverage News and Trends - February 2017

by DLA Piper on

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. California judge finds Roundup to be a possible cause of cancer. On January...more

Decoding New FDA Nutrition And Supplement Facts Guidance

The U.S. Food and Drug Administration continues to fulfill its promise to provide food and dietary supplement companies with additional guidance on complying with the new final rules amending nutrition facts label...more

NY State Supreme Court Upholds New York City’s Sodium Warning Rule

by Saul Ewing LLP on

On February 10, 2017, the New York State Supreme Court, Appellate Division (the court), upheld New York City’s (the City) sodium warning rule (the Rule). The Rule requires covered establishments (i.e., chain food service...more

CFSAN Director Anticipates “Tweaks,” Not Rollbacks Despite Administration’s De-Regulation Emphasis

by Kelley Drye & Warren LLP on

Dr. Susan Mayne, Director of FDA’s Center for Food Safety and Applied Nutrition, spoke on Thursday to the DC section of the Institute of Food Technologists. Responding to questions from the audience, Dr. Mayne was asked to...more

Keeping those New Year's resolutions just got a little easier in Ontario

by Smart & Biggar on

The Ontario Healthy Menu Choices Act and its Regulations, which became effective January 1, 2017, aims to allow Ontarians to make informed food and beverage choices when eating in a restaurant or purchasing take-away meals. ...more

Advertising Litigation Report: Vol. 2, No. 1

Lanham Act False Advertising - Lanham Act Liability for Native Advertising Violations - Casper Sleep, Inc. v. Mitcham, --- F. Supp. 3d ---, No. 16 Civ. 3224 (JSR), 2016 WL 4574388 (S.D.N.Y. Sept. 1, 2016)...more

FDA Makes Public the Scientific Data Evaluated and Provides Draft Guidance Regarding the Inclusion of Certain Fibers in the...

As previously reported, in May 2016, the Food and Drug Administration (FDA or agency) published new final regulations on Nutrition and Supplement Facts labeling. As part of the final rules, FDA defined “dietary fiber,” in...more

What the FDA has in store for the food industry in 2017

by Thompson Coburn LLP on

As Life Sciences Decoded looks forward in 2017, it is clear that FDA-regulated industries have a great deal of change confronting them. Last year, 2016, was a landmark year for the FDA and food regulations, as the agency...more

Update on Health Canada's modernization makeover: changes to food labelling requirements

by DLA Piper on

Health Canada’s “modernization makeover” continues. The Agency’s comprehensive review of regulations surrounding food and health products has already brought about considerable changes to several labelling requirements in the...more

Government of Canada Finalizes Food Labelling Changes

On December 14, 2016, the Government of Canada announced amendments to the Food and Drug Regulations (FDR) by publishing the Regulations Amending the Food and Drug Regulations (Nutrition Labelling, Other Labelling Provisions...more

USDA Proposes Overhaul of Nutrition Facts Panel for Meat and Poultry Products

by Saul Ewing LLP on

Earlier this month, the United States Department of Agriculture (USDA), Food Safety and Inspection Service (FSIS) issued a proposed rule to overhaul the nutrition facts panel for meat and poultry products. FSIS issued its...more

Food and Beverage Law Update: December 2016

by Holland & Knight LLP on

Overtime Rules Enjoined Nationwide - In State of Nev. v. U.S. Dep't of Labor Case No. 4:16-cv-00731-ALM, 2016 WL 6879615 (E.D. Tex. Nov. 22, 2016), a Texas district court enjoined nationwide the Department of Labor's...more

5 legal trends food and agriculture companies need to know about

by Thompson Coburn LLP on

Thompson Coburn recently sponsored the 37th annual 2016 American Agricultural Law Association (AALA) Symposium in Oklahoma City. I had the honor to help plan the event, speak on food labeling issues, and moderate a panel on...more

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

Moving on From “Natural,” FDA Seeks Comments on What It Means to Be a “Healthy” Food

As it signaled it would be doing earlier this year, FDA has initiated a public process to redefine the implied nutrient content claim “healthy” when it is used on food labels and labeling. In addition, while the process is...more

FDA Guides Industry For Use Of “Healthy” On Food Packaging

by Reed Smith on

Yesterday, the Food and Drug Administration (“FDA”) announced guidance regarding using the term “healthy” in the labeling of human food products. As background, the FDA issued final rules updating the Nutrition Facts label...more

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