James Muehlberger on Beverage Manufacturers

UK Labour Party Intends to Ban Energy Drink Sales to Children

The UK Labour Party has signaled that it intends to ban the sale of highly caffeinated energy drinks to those under the age of 16 should it prevail in the country’s July 4, 2024, general election....more

7/2/2024 / Beverage Manufacturers , Energy Drinks , Food Labeling , UK

Food & Beverage Litigation and Regulatory Update - June 2024 #2

LEGISLATION, REGULATIONS & STANDARDS - UK Labour Party Intends to Ban Energy Drink Sales to Children - The UK Labour Party has signaled that it intends to ban the sale of highly caffeinated energy drinks to those...more

6/26/2024 / Beverage Manufacturers , Energy Drinks , Food and Drug Administration (FDA) , Food Labeling , Food Safety , Food Supply

Food & Beverage Litigation and Regulatory Update - December 2023

Shook Partner Published on New York Consumer Protection Laws - Cary Silverman, a partner in the firm’s Public Policy Group, was published in Albany’s Times Union letters to the editor on a proposed New York consumer...more

12/11/2023 / Beverage Manufacturers , Bioengineering , Federal Trade Commission (FTC) , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , USDA

Food & Beverage Litigation and Regulatory Update - May 2023 #2

LEGISLATION, REGULATIONS & STANDARDS - Group Petitions USDA to Prohibit ‘Low-Carbon Beef’ Label, Require Verification for Carbon Claims - The Environmental Working Group (EWG) has petitioned the U.S. Department of...more

Food & Beverage Litigation and Regulatory Update - April 2023

FDA Proposes Changes to Standards of Identity for Foods Including Salt- The U.S. Food and Drug Administration (FDA) has issued a proposed rule that would change the standards of identity (SOIs) for foods that include salt to...more

4/11/2023 / Additive Manufacturing , Baby Products , Beer , Beverage Manufacturers , Constitutional Challenges , Dietary Guidelines , European Food Safety Authority (EFSA) , Food & Drug Regulations , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Safety , Food Supply , Public Health , Retail Market , Soda Tax , USDA

Food & Beverage Litigation and Regulatory Update - March 2023 #4

LEGISLATION, REGULATIONS & STANDARDS - Report: FDA Food Recalls Jumped 700% from 2021 to 2022 - The number of individual units of food and drink recalled by the U.S. Food and Drug Administration (FDA) in 2022 increased...more

3/27/2023 / Americans with Disabilities Act (ADA) , Beverage Manufacturers , Disability Discrimination , Employment Litigation , Equal Employment Opportunity Commission (EEOC) , False Advertising , Food & Drug Regulations , Food and Drug Administration (FDA) , Food Manufacturers , Food Recalls , Marketing , Papa John's International , Wine & Alcohol

Food & Beverage Litigation and Regulatory Update - February 2023 #2

The U.S. Food and Drug Administration (FDA) has announced the availability of draft guidance for industry on labeling plant-based milk alternatives. The guidance indicates that plant-based milk alternatives can be labeled as...more

2/27/2023 / Beverage Manufacturers , False Advertising , Food & Drug Regulations , Food Allergies , Food and Drug Administration (FDA) , Food Labeling , Food Recalls , Food Supply , Fraudulent Marketing , PFAS , Plant Based Products , Public Health , Regulatory Agenda

FDA Issues Draft Guidance on Plant-Based Milk Alternatives

The U.S. Food and Drug Administration (FDA) has announced the availability of draft guidance for industry on labeling plant-based milk alternatives. The guidance indicates that plant-based milk alternatives can be labeled as...more

2/27/2023 / Beverage Manufacturers , Dietary Guidelines , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Marketing , Food Products . , Food Supply , Plant Based Products , Retail Market

Food & Beverage Litigation and Regulatory Update - January 2023

LEGISLATION, REGULATIONS & STANDARDS - Omnibus Spending Bill Includes Congressional Notes to FDA - President Biden has signed a spending bill that includes additional funding for the U.S. Food and Drug Administration (FDA)...more

1/9/2023 / All Natural , Beverage Manufacturers , Biden Administration , False Advertising , Federal Funding , Food & Drug Regulations , Food and Drug Administration (FDA) , Food Manufacturers , Food Safety , Food Supply , Natural Products , Popular , Regulatory Oversight , Regulatory Reform , Target , Unfair or Deceptive Trade Practices

Food & Beverage Litigation Update - December 2022 #2

LEGISLATION, REGULATIONS & STANDARDS - Evaluation of FDA Human Foods Program Finds Culture of “Constant Turmoil” - An independent review commissioned by the U.S. Food and Drug Administration (FDA) of the Human Foods Program...more

Food & Beverage Litigation Update - October 2022

On October 19, 2022, the U.S. Federal Trade Commission held a forum titled “Protecting Kids from Stealth Advertising in Digital Media” to discuss ever-growing concerns over advertising to youth, particularly in the digital...more

10/24/2022 / Advertising , Beverage Manufacturers , Federal Trade Commission (FTC) , Food Manufacturers , Food Safety , Popular , Wine & Alcohol

Food & Beverage Litigation Update l November 2020 #2

FDA Sues Juice Supplier, Alleging Insanitary Conditions - The U.S. Food and Drug Administration (FDA) has filed a lawsuit seeking to enjoin Valley Processing Inc. from introducing adulterated food into interstate commerce....more

11/16/2020 / Beverage Manufacturers , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Safety

Food & Beverage Litigation Update l October 2020

FDA Finds Milk Allergens in Dark Chocolate Samples - The U.S. Food and Drug Administration (FDA) has announced the results of a study examining 52 dark chocolate products, determining that four of the products had...more

10/12/2020 / APHIS , Beverage Manufacturers , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Safety , Food Safety and Inspection Service (FSIS) , National Poultry Improvement Plan (NPIP) , Natural Products , Negligent Misrepresentation , USDA , Value-Added Tax (VAT)

Food & Beverage Litigation Update l September 2020 #2

The U.S. Food and Drug Administration (FDA) has released a proposed update to traceability recordkeeping requirements for foods considered “high risk” as sources of foodborne illness. The proposed rule would apply to entities...more

9/28/2020 / Beverage Manufacturers , Cannabis Products , Citizen Petitions , DEA , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Safety and Inspection Service (FSIS) , GRAS , Hemp , Interim Final Rules (IFR) , Magnuson-Moss Act , Proposed Rules , Recordkeeping Requirements , USDA

Food & Beverage Litigation Update l September 2020

Court Dismisses Beef “Product of the USA” Lawsuit - A New Mexico federal court has dismissed allegations that several food companies falsely labeled beef as a “Product of the USA” because the cattle were raised in other...more

9/21/2020 / Beverage Manufacturers , European Food Safety Authority (EFSA) , False Advertising , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Safety , Hemp Cultivation , Interim Final Rules (IFR) , Magnuson-Moss Act , Nutrition Facts Labels , Permanent Injunctions , PFAS , Plant Based Products , Produce Safety Rule , USDA

Food & Beverage Litigation Update l August 2020 #4

The U.S. Drug Enforcement Administration (DEA) has proposed a rule that would codify the legalization of hemp cultivation and related definitions passed in the 2018 Farm Bill into the Controlled Substances Act. The amendments...more

8/24/2020 / Beverage Manufacturers , Class Certification , Consumer Protection Laws , Controlled Substances Act , Federal Trade Commission (FTC) , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Safety , Food Safety and Inspection Service (FSIS) , Hemp Cultivation , Magnuson-Moss Act , Meat Processing Plants , Negligent Misrepresentation , Unjust Enrichment , USDA

Food & Beverage Litigation Update l August 2020 #3

Schumer Urges USDA To Delay Hemp Rule - U.S. Sen. Chuck Schumer (D-N.Y.) has called on the U.S. Department of Agriculture (USDA) to “delay the issuance of a U.S. Domestic Hemp Production Program final rule until 2022 and...more

8/18/2020 / All Natural , Beverage Manufacturers , EU , European Food Safety Authority (EFSA) , Farm Animals , Final Rules , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Marketing , Food Supply , Hemp , Plant Based Products , Putative Class Actions , USDA

Food & Beverage Litigation Update l August 2020 #2

USDA Accepting Comments on Organic Rule Amendments - The U.S. Department of Agriculture (USDA) is accepting comments on the Agricultural Marketing Service’s proposed amendments to organic regulations concerning oversight...more

8/10/2020 / Beverage Manufacturers , Final Guidance , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Marketing , Food Safety , Organic , PFAS , Public Health , Regulatory Requirements , Trademark Registration , Trademark Trial and Appeal Board , USDA , World Health Organization

Food & Beverage Litigation Update l August 2020

U.K. to Implement New Food Advertising Standards - U.K. Prime Minister Boris Johnson has announced a series of measures aimed at limiting advertising for foods high in salt, sugar and fat. The measures include a ban on...more

8/3/2020 / Administrative Procedure Act , Advertising , Beverage Manufacturers , Counterfeit Goods Regulation , False Advertising , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Marketing , Food Safety and Inspection Service (FSIS) , Nutrition Facts Labels , Putative Class Actions , UK , USDA

James Muehlberger

Shook, Hardy & Bacon L.L.P.

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