Latest Publications


Class cert denied in baby food false labeling case: faulty regression model to blame

Ever since the Supreme Court’s 2013 decision in Comcast Corp. v. Behrend, 569 U.S. 27, 133 S.Ct. 1426, 185 L.Ed.2d 515 (2013), plaintiffs’ lawyers have been clamoring to find a regression model that will support class-wide...more

Can the ingredient list defense work? Look for ambiguity, invoke common sense

When faced with consumer litigation, food and beverage companies routinely point to the ingredient list in defense of front-of-package false advertising claims. The defense is essentially this: A false advertising claim based...more

The USDA’s bioengineered food disclosure standard: Where are we now?

More than halfway through the two-year period Congress gave the U.S. Department of Agriculture to develop a disclosure standard and labeling procedures for bioengineered foods, the affected industries are still left with more...more

Slack-fill lawsuits filling up state court dockets

The uptick in “slack-fill” litigation that we have previously covered in this blog shows no signs of abating — and a spate of recent filings in Missouri state court show that the trend may be expanding....more

Is the FSMA a plaintiff’s lawyer’s dream and the food industry’s nightmare?

The Food Safety Modernization Act (FSMA) became law in 2011, signaling a sea change in U.S. food safety regulation and making prevention the cornerstone of safety measures. To achieve its lofty goals, while providing time for...more

Updated FSIS guidance on raising animal label claims: What agribusinesses need to know

Primary responsibility for ensuring the truthfulness of labels on meat, poultry, and egg products resides with the Food Safety and Inspection Service (FSIS). The FSIS is the public health agency of the U.S. Department of...more

5 legal trends food and agriculture companies need to know about

Thompson Coburn recently sponsored the 37th annual 2016 American Agricultural Law Association (AALA) Symposium in Oklahoma City. I had the honor to help plan the event, speak on food labeling issues, and moderate a panel on...more

Ninth Circuit holds juries can decide the definition of ‘natural’

On September 30, 2016, the 9th Circuit Court of Appeals issued a key decision in the food labeling war over what constitutes a false or misleading “all natural” label. At issue was a label on Dole’s food products stating that...more

Farming through the eyes of an ag lawyer

On September 13 and 14, Thompson Coburn’s Agriculture & Food group hosted a hands-on seminar for professionals in the food and agriculture industries. The program – “From The Ground Up: A Hands-On Seminar for Agribusiness...more

Thompson Coburn presents a CLE on FSMA, looming deadlines and new regulations: Is the food industry ready?

The US Food and Drug Administration continues its ongoing implementation of the Food Safety Modernization Act of 2011 (FSMA). The law, which aimed to take the first hard look at the American food supply in decades, has...more

[Webinar] Statutory Changes, New Regulations, and Compliance Deadlines Under the Food Safety Modernization Act - October 4th,...

This online presentation will discuss the revisions to the Food Safety and Modernization Act as well as the regulations implementing the Act. The primary focus of the presentation will be on the new rules affecting food...more

Protecting Food Industry Whistleblowers: FDA, OSHA team up under FSMA

In 2011, when the Food Safety Modernization Act was passed, it sought to revamp food safety in the United States. Since then, the Food and Drug Administration (FDA) has been hard at work passing regulations to implement the...more

Education malpractice and student litigation: Achieving early dismissal

This post is the third in our three-part series on recent legal authority addressing the educational malpractice doctrine. As we noted in prior posts, we are examining this authority through the lens of “lessons learned,” and...more

Education malpractice and student litigation: How to assess claims

This post is the second in our three-part series on recent legal authority addressing the educational malpractice doctrine. We are examining this authority through the lens of “lessons learned,” and discussing methods for...more

Education malpractice and student litigation: New lessons learned

As those in higher education are keenly aware, postsecondary institutions must regularly (and increasingly) contend with civil suits filed by current and former students. Since the 2007 economic downturn, one type of suit...more

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