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Where’s the “Beef”? Oklahoma Federal Court Refuses to Enjoin Plant-Based Labeling Law

State-level attempts to regulate plant-based meat alternatives’ labeling has followed a familiar pattern. States pass a law restricting what plant-based companies may (or may not) say in their labeling and marketing. Then,...more

Got More Hand Sanitizer? (Part 2) More Legal and Business Considerations for New Market Entrants

This second McGuireWoods alert discussing regulation of hand sanitizer manufacture and distribution addresses new considerations from the Food and Drug Administration (FDA) published in a June 2020 update to its March 2020...more

One of These Things Is Not Like the Others: FDA Flexibility With Food Ingredients During COVID-19

During the COVID-19 pandemic and national emergency, the U.S. Food and Drug Administration (FDA) has taken a relatively relaxed approach to some of the more concrete regulations governing the nation’s food supply. This month,...more

Executive Order Requires Continued Operation of Meat and Poultry Industries

On April 28, 2020, President Trump invoked powers under the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.), finding that COVID-19 has significantly disrupted the food supply chain with regard to the meat and poultry...more

USDA Decides It’s Time To Talk “Healthy” On Food Labels: Implications For Industry And Claims

With COVID-19 dominating headlines and food manufacturers struggling to ensure that grocery store shelves remain stocked during this pandemic, manufacturers may have missed an important update from the U.S. Department of...more

Got Hand Sanitizer? Business and Legal Considerations for New Market Entrants

With the COVID-19 pandemic, the demand for hand sanitizer is extremely high, and the supply chain has not kept pace with that demand. In an effort to meet public need, several federal agencies, including the Food and Drug...more

Food Safety During COVID-19 Pandemic: FDA to Relax Some Requirements, USDA Inspections Continue

During the COVID-19 (coronavirus) national emergency, the Food and Drug Administration and U.S. Department of Agriculture continue to emphasize measures intended to keep the food supply safe....more

One Fish, Two Fish, Red Fish, Drugs Are Fish? Decision Shows FDCA’s Broad Definition of “Drug”

Consumers may not think of salmon as a drug, but according to a recent opinion out of the Northern District of California, certain genetically modified (GMO) salmon qualify as drugs under the Food, Drug, and Cosmetic Act...more

More Time to Label — FDA Announces Enforcement Discretion, Updates Nutrition and Supplement Facts Implementation

The U.S. Food and Drug Administration recently announced it was exercising enforcement discretion for the required updated labeling of nutrition and supplement facts panels for six months following the first compliance...more

Despite Past Failures, Meal Deal Plaintiffs Continue to File

Despite their predecessors largely missing the mark, a new batch of plaintiffs has taken aim at quick-service restaurants’ meal pricing. In the suits, plaintiffs allege that the defendant restaurants deceived them by charging...more

10/24/2019  /  Advertising , Class Action , Pricing

Trio of Decisions Temper Rash of Pesticide Food-Labeling Lawsuits

Pesticide suits may not have the staying power many in the food world feared, after all. Following news of the first billion-dollar verdict against the manufacturer of Roundup®, food and beverage companies braced as a series...more

New Flavor of Labeling Lawsuits: Plaintiffs Allege False Vanilla Claims

Those who work in food labeling litigation are used to seeing vanilla complaints — that is, standard pleadings asserting the same allegations about label statements again and again. A new trend, however, has spawned several...more

Recent Cases Highlight Uptick in Geographic Food and Beverage Labeling Claims

A series of recent headlines in the food and beverage world make it clear that consumers, or at least consumer class action attorneys and their clients, increasingly care where their food comes from and not just what’s in it....more

Annual Report on the Food and Beverage Industry: Recent Trends and Outlook

The food and beverage industry has experienced significant change in recent years. New technological developments are enhancing the way food producers track food safety issues, food-labeling remains a hot-button issue, and...more

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