Organic

News & Analysis as of

Federal Court Vacates Dep’t of Agriculture Guidance; Legislative Rule Requires Notice and Comment

On June 20, 2016, the U.S. District Court for the Northern District of California held, in Center for Environmental Health, et. al. v. Vilsack, that a United States Department of Agriculture (USDA) guidance document, intended...more

What You Need to Know About U.S. Law: Product Regulations and Importing into the United States - What You Don't Know CAN Hurt You...

What do the Federal Trade Commission (FTC), Consumer Product Safety Commission (CPSC), Federal Drug Administration (FDA), Department of Agriculture (USDA), and Environmental Protection Agency (EPA) have in common? Each is, of...more

Food and Beverage News and Trends Series - May 2016

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. FDA finalizes rule to combat antimicrobial resistance. The FDA this week...more

Vermont GMO Food Labeling - Is Your Label Ready?

In less than two months, Vermont's genetically modified organism (GMO) food labeling law, Consumer Protection Rule 121, goes into effect. Starting July 1, 2016, food manufacturers producing food containing GMOs to be sold in...more

FTC Cracking Down on Body Care Products . . . Naturally

The Federal Trade Commission (FTC) has commanded the attention of consumer products companies that claim their goods are completely natural, as it has now levied significant charges against five sellers of skin-care and...more

In Case You Missed It: Launch Links - April 2016 #2

Some interesting links we found across the web this week: Beneath the Hype: Why Developers & Entrepreneurs Should Be Excited About the Rise of Chat Bots - Last week we featured autonomous hardware as a growth area...more

Expanded Crop Insurance Options for Farmers Transitioning to Certified Organic Agriculture

The USDA recently announced expanded crop insurance options to allow producers to purchase insurance coverage that better reflects their product's actual value. The expanded coverage is part of the USDA's continued commitment...more

USDA Increases Options for Organic Crop Coverage

The U.S. Department of Agriculture (USDA) has expanded the protection available under crop insurance policies for farmers growing organic crops. The USDA announced last week that farmers transitioning from the production of...more

Business Litigation Reporter - February 2016

Confidentiality Agreement Must be Expressly Preserved in New Employment Agreement. The decision in Meschino v. Frazier Industrial Co., 2015 WL 7295463, at *1 (D. Mass. Nov. 18, 2015) (Stearns, J.), underscores that an...more

An Honest Struggle to Advertise "Natural" Products

On February 12, 2016, two consumers brought a proposed New York state class action lawsuit against The Honest Company, Inc., a personal care products company co-founded by actress Jessica Alba. The lawsuit alleges that The...more

News & Views: Dietary Supplement Advertising

Please find below the first edition of our monthly newsletter specifically for our clients marketing dietary supplements. We hope this helps you stay out in front of regulatory challenges. FTC DEVELOPMENTS -...more

2015 Food Industry Decisions With Bite

Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others...more

Retail and Consumer Products Law Roundup - February 2016

Be Still, My Heart: New Suit Says Fitbits Fail to Track Heartbeats as Promised - Why it matters - Fitbit has been hit with another consumer class action asserting false advertising claims, this time alleging that...more

California "Organic" Labeling Decision: A Blueprint for More Class Actions of FDA Regulated Products?

In December 2015, the California Supreme Court issued a ruling in Quesada v. Herb Thyme Farms, Inc., which may affect many companies subject to FDA regulation, but particularly those that advertise and sell products as...more

California Supreme Court Holds Organic Labeling Suit a Natural Fit in State Court

In December, the California Supreme Court held that a challenge to a farm’s labeling of its herbs as “organic” under state false advertising laws is not preempted by the federal Organic Foods Production Act of 1990 (“Organic...more

Advertising Law - January 2016

Ending Challenge to FTC's Data Security Authority, Wyndham Settles - In a significant development, Wyndham Hotels and Resorts reached a deal with the Federal Trade Commission in the high-profile litigation that began...more

California Supreme Court – Presumption Against Preemption Still Around

Last month, in Quesada v. Herb Thyme Farms, Inc., 361 P.3d 868 (Cal. 2015), the California Supreme Court did to “organic” foods what it had done to most other foods in Farm Raised Salmon Cases, 175 P.3d 1170 (Cal. 2008) –...more

Don’t Deceive Me: Claims for Mislabeled Organic Food in CA

If a food is labeled organic, but is not actually organic, can a consumer bring state law claims under consumer protection statutes? In California, it appears that the answer is yes. In a recent case, Quesada v. Herb Thyme...more

California Recognizes State Claim for Foods Mislabeled as “Organic”

On December 3, 2015, the California Supreme Court held that a claim for intentionally mislabeling produce as “organic” is not preempted by the federal regulatory regime for certifying organic growers. Quesada v. Herb Thyme...more

California Supreme Court Holds That Federal Organic Food Labeling Regime Does Not Preempt Claims of “Intentional” Mislabeling

What’s the difference between claiming that a food product is improperly certified as organic and claiming that the producer was properly certified but the product isn’t really organic? A unanimous California Supreme Court...more

Supreme Court Paves the Way for Organic Food Fraud Suits

The California Supreme Court just handed down a decision that’s been hailed by the Recorder as “boon for plaintiffs bar.” In Quesada v Herb Thyme Farms (PDF), the supreme court unanimously held that claims for fraud by...more

California Opens Courts to State Claims re: “Organic” Food

And the California Supreme Court said “Let there be more litigation” and there was more litigation. This week, the California Supreme Court held that private citizens (i.e. class action plaintiffs’ attorneys) can bring...more

California Supreme Court Opens the Door to Organic Mislabeling Claims

Last week, the California Supreme Court issued a long awaited ruling on organic labeling in Quesada v. Herb Thyme Farms, Inc., No. S216305, 2015 WL 7770635 (Cal. Dec. 3, 2015). At issue in Quesada was whether consumers may...more

The Continuing Conundrum of the California Food Fight

We have blogged regularly about the plethora of litigation, largely centered in California, focused on the labeling of food, beverage, cosmetics, and consumer goods. Nationwide, consumers are demanding more information from...more

Food for Thought: Organic Food Act Doesn't Preempt Certain State Law Mislabeling Claims

On December 3, the California Supreme Court unanimously held that state law claims of intentional mislabeling produce as organic are not preempted by the Organic Food Act of 1990 (7 U.S.C. §§ 6501-6522). In Quesada v. Herb...more

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