Organic

News & Analysis as of

Arsenic In Calif. Wine, But Is There A Problem?

A class action was filed in California Superior Court on March 19, 2015, Doris Charles et al. v. The Wine Group Inc. et al., case no. BC576061, that has raised a number of questions about the extent to which arsenic should be...more

Dust in the Wind

Delta Blue Blueberries filed suit in California against Wilbur-Ellis Company, Semi-Tropic Water Storage District, and Alpine Helicopter Service Inc. for negligence and trespass. (Case No. 39-2015-0032670-CU-NP-STK in the...more

Food Litigation Newsletter - July 2015

THIS NEWSLETTER AIMS to keep those in the food industry up to speed on developments in food labeling and nutritional content litigation. RECENT SIGNIFICANT RULINGS - District Court Dismisses and Stays False...more

The Safe and Accurate Food Labeling Act’s Impact

FDA’s steadfast position against formally addressing “Natural” claims on food products may soon be forced to change if the Safe and Accurate Food Labeling Act, which the House of Representatives passed on July 23, 2015, is...more

Food and Beverage News and Trends

California bill to require warning labels on sugary drinks dies in committee. On April 29, a bill that would have required warning labels on sugary soft drinks failed to move forward in the California legislature. The...more

Locke Lord QuickStudy: “Certified Organic” — A Shield For Defendants Or A Sword For Plaintiffs?

Manufacturers and retailers of organic food products should take note that the United States District Court for the Southern District of New York has held that federal law governing the certification of organic and natural...more

Patenting natural and organic cosmetics...can it be done?

Two interesting trends are occurring in the international cosmetics market which, at first glance, seem to be in conflict. The first trend is the expansion of the natural and organic cosmetic products market. The second is an...more

USDA National Organic Program Instruction on Use of Brand or Company Names Containing the Word Organic

On August 14, 2014, the National Organic Program (NOP) of the United States Department of Agriculture (USDA) issued its “instruction” to the accredited certifying agents (Certifiers) that certify operations to the USDA...more

From Dusk to Dawn: Battle Looming Over USDA Changes to Sunset Provision of Organic Rules

The USDA is facing a lawsuit in federal court stemming from its decision to unilaterally alter the process for exempting synthetic and non-organic substances used in producing organic food. Until September 2013, substances...more

When Will My Leftover Turkey Power My Electric Car: A Post Thanksgiving Reflection on the Promise and Challenge of Food Waste Bans

Food is a big part of why Thanksgiving is my family’s favorite holiday. Over the years, we have tried to eat sensibly and sustainably, and to waste less food. But on the Monday after Thanksgiving, I suspect we are not alone...more

Food and Beverage News and Trends

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Commentator says “food addiction” is a misleading term that should not be...more

Commercial Organics Ban Takes Effect

The Commercial Organics Ban, which took effect on October 1, 2014, is the latest effort by MassDEP to achieve the state’s solid waste management goal of reducing waste disposal by 30% by 2020. MassDEP estimates that organics...more

Biobased Mulch Added To USDA National Organic Program

USDA has amended the National List of Allowed and Prohibited Substances maintained by the National Organic Program (NOC) to allow biodegradable biobased mulch film to be used in organic production with restrictive...more

Organic Internet Growth: New .ORGANIC Domain Names Launch

If an organic standards body has approved you or your product, you are likely eligible to register an .organic domain name. Interested brand owners should apply as soon as possible and before the sunrise period closes on...more

Food and Beverage News and Trends - April 2014

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. - Food industry opposes trans fat bar, proposes setting limitations. Major...more

Agrihoods: The New “Farm-To-Table” Homebuilding Trend

Imagine driving down the paved street of a suburban community. Children are riding their bikes toward a neighborhood playground. Couples are walking on the sidewalk with tennis gear headed toward the local tennis courts....more

No Non-Organic Mushrooms Welcome Here! - Hokto Kinoko Co. and Hokuto Co., Ltd. v. Concord Farms, Inc.

Addressing the issue of whether an importer of non-organic mushrooms from a Japanese producer infringed a trademark owned by the U.S. subsidiary of the Japanese producer, the U.S. Court of Appeals for the Ninth Circuit upheld...more

Growing Michigan - Fourth Quarter 2013

In This Issue: - Proposed EPA Water Rule Could Expand Regulatory Authority Over Streams and Wetlands - USDA Finalizes Import Regulations for "Mad Cow Disease" - Organic Farmers Effected by Farm Bill Extension...more

California Appellate Court Holds That Federal Law Preempts Unfair Competition Law Claims Tied to Organic Label

In a case of first impression in the state courts, a California appellate court delivered an early Christmas present Dec. 23 to beleaguered food and beverage companies facing an avalanche of lawsuits under California’s Unfair...more

Trade & Manufacturing Alert - November 2013

In This Issue: - Government Shutdown Disrupts And Delays Various Trade Agency Functions - China Launches Pilot Free Trade Zone In Shanghai - "Reshoring" Gaining Momentum Among U.S. Manufacturers - News Of...more

Are California Courts Cooling on ‘All Natural’ Suits?: Naturally Beyond Belief

California’s District Courts have, of late, become the go-to jurisdictions for plaintiffs bringing ‘natural’ labeling lawsuits against national food manufacturers. This is due, in large part, to California’s...more

Barbara’s Bakery and Naked Juice Settle GMO Class Actions and Agree to Third-Party Substantiation of Non-GMO Labeling

Class actions challenging “all natural” labels on products allegedly containing genetically modified organisms (GMOs) are all the rage in California. The jury is still out on how these claims will ultimately hold up, but some...more

Organic Seed Growers & Trade Ass'n v. Monsanto Co. (Fed. Cir. 2013)

Somewhat lost in the hubbub over the Supreme Court's ruling in AMP v. Myriad was the Federal Circuit's decision, just a few days earlier, in Organic Seed Growers & Trade Ass'n v. Monsanto Co. That case is the latest windmill...more

Seed of Patent Infringement Germinates Between Organic Farmers and Monsanto

In a significant legal decision with a connection to Vermont’s farming community, the United States Court of Appeals for the Federal Circuit has affirmed that organic farmers cannot obtain a judicial declaration to prevent...more

Episode 97 – Santiago Cuenca-Romero Discusses Artisana’s Raw, Organic Foods June 21, 2013

In Episode 97 of The Wendel Forum (originally aired on May 18, 2013, on 960 KNEW AM radio), show moderator Dick Lyons, co-founder of Wendel Rosen’s sustainable business practice group, welcomes Santiago Cuenca-Romero, CEO of...more

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