A federal court in New York has thrown out a proposed class action claiming that McDonald’s and Wendy’s advertisements overstate the toppings and hamburger patty size compared to the products that customers receive. Chimienti...more
AFlorida federal court has denied a motion to dismiss some claims in a lawsuit alleging Burger King Corp. “materially overstates” the size of its hamburgers. Coleman v. Burger King Corp., No. 22-20925 (S.D. Fla., entered...more
The California Senate has passed an amended version of a first-in-the-nation bill seeking to ban certain food additives, removing titanium dioxide from the list of prohibited additives and pushing back when the law would take...more
LEGISLATION, REGULATIONS & STANDARDS -
Amended Food Additive Bill Advances to California Governor’s Desk -
The California Senate has passed an amended version of a first-in-the-nation bill seeking to ban certain food...more
LEGISLATION, REGULATIONS & STANDARDS -
FDA Announces First Deputy Commissioner for Human Foods -
The U.S. Food and Drug Administration (FDA) has named James Jones as the agency's first Deputy Commissioner for Human...more
LEGISLATION, REGULATIONS & STANDARDS -
FDA Revokes GRAS Status from PHOs -
The U.S. Food and Drug Administration (FDA) has amended regulations in light of its determination that partially hydrogenated oils (PHOs) are...more
LEGISLATION, REGULATIONS & STANDARDS -
FDA Issues Update on Sesame Allergen Labeling -
The U.S. Food and Drug Administration (FDA) has released an FDA Voices “Catching Up with Califf” update that addresses the...more
The U.S. Food and Drug Administration (FDA) has announced additional proposed changes to the Office of Regulatory Affairs (ORA) as part of its proposal to create a unified Human Foods Program (HFP), building on a proposal...more
The U.S. Food and Drug Administration (FDA) has announced additional proposed changes to the Office of Regulatory Affairs (ORA) as part of its proposal to create a unified Human Foods Program (HFP), building on a proposal...more
Slack Fill Decision Cites Shook Attorneys’ Article
An opinion issued by the U.S. District Court for the Eastern District of Missouri has cited Shook Partners Cary Silverman and Jennifer Artman’s Missouri Bar Journal...more
The California Assembly has passed a first-in-the-nation bill banning the use of five food additives, including Red Dye No. 3 and titanium dioxide, in food products manufactured, sold or distributed in the state.
The...more
LEGISLATION, REGULATIONS & STANDARDS
California Assembly Passes Food Additive - Bill The California Assembly has passed a first-in-the-nation bill banning the use of five food additives, including Red Dye No. 3 and...more
5/22/2023
/ Additive Manufacturing ,
Food Allergies ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
Public Health ,
Taco Bell ,
Trademark Infringement ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks
The U.S. Supreme Court has affirmed the Ninth Circuit’s ruling upholding a California ban on pork sold in the state that was produced from pigs “confined in stalls so small they cannot lie down, stand up, or turn around.”...more
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
5/16/2023
/ Animal Cruelty ,
Beverage Manufacturers ,
California ,
Dormant Commerce Clause ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Food Safety ,
Food Safety and Inspection Service (FSIS) ,
Food Supply ,
GMO ,
Legislative Agendas ,
Natl Pork Prods Council v Ross ,
Product Labels ,
Proposed Regulation ,
Public Health ,
Putative Class Actions ,
Regulatory Agenda ,
Regulatory Reform ,
Salmonella ,
SCOTUS ,
Unfair or Deceptive Trade Practices ,
USDA
The U.S. Food and Drug Administration (FDA) has written a letter to the manufacturers and developers of new plant varieties, urging them to fully consider the potential ramifications of transferring the genes of allergens to...more
The U.S. Food and Drug Administration (FDA) has written a letter to the manufacturers and developers of new plant varieties, urging them to fully consider the potential ramifications of transferring the genes of allergens to...more
5/1/2023
/ BPA ,
Child Labor ,
Class Action ,
Comment Period ,
Data Breach ,
European Food Safety Authority (EFSA) ,
Food Allergies ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Safety ,
Food Supply ,
Grocery Stores ,
Human Rights ,
Plant Based Products ,
Public Health ,
USDA
The U.S. Food and Drug Administration has released a national strategy outlining actions it will take immediately to help increase the resiliency of the U.S. infant formula market and supply. The Food and Drug Omnibus Reform...more
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
A federal court in New York has thrown out a proposed class action against the maker of Cup Noodles and other instant noodle products claiming that its use of the phrase “No Added MSG” deceived consumers. Henry v. Nissin...more
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
An Illinois man has filed a lawsuit against Buffalo Wild Wings, accusing the restaurant chain of misleading consumers into believing its boneless wings are actually chicken wings. Halim v. Buffalo Wild Wings Inc., No. 23-1495...more
3/20/2023
/ Class Action ,
Common Law Claims ,
Consumer Fraud ,
Express Warranty ,
False Advertising ,
Food Labeling ,
Food Marketing ,
Franchises ,
Misleading Impressions ,
Restaurant Industry ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment
LEGISLATION, REGULATIONS & STANDARDS -
California Lawmakers Introduce Legislation to Ban Five Food Additives -
California lawmakers have introduced first-in-the-nation legislation seeking to ban five food...more
3/20/2023
/ Additive Manufacturing ,
Baby Products ,
Class Action ,
False Advertising ,
Food & Drug Regulations ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
Popular ,
Public Health ,
Retail Market
LEGISLATION, REGULATIONS & STANDARDS -
USDA Proposes Rule Limiting 'Made in the USA' Claims for Meat, Poultry and Eggs -
The U.S. Department of Agriculture (USDA) has issued a proposed rule that would tighten who can label...more
3/15/2023
/ Commercial Marketing ,
Country of Origin ,
False Advertising ,
Food & Drug Regulations ,
Food Manufacturers ,
Food Supply ,
Genetically Engineered Seed ,
Made in the USA ,
Misleading Impressions ,
Plant Based Products ,
Popular ,
Product Labels ,
Public Health ,
Regulatory Violations ,
Retail Market ,
USDA ,
World Health Organization
A New York court has dismissed with prejudice a complaint alleging that Mondelez Global misleads consumers by selling “Fudge Covered” Oreos produced without dairy ingredients containing milkfat. Leonard v. Mondelez Global...more
A study published February 27, 2023, in the journal Nature Medicine has purportedly found possible links between erythritol and major adverse cardiovascular events such as heart attack or stroke. Erythritol is an artificial...more