The U.S. Food and Drug Administration (FDA) has announced the availability of draft guidance for industry on labeling plant-based milk alternatives.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
U.S. Food and Drug Administration (FDA) Commissioner Robert M. Califf announced in a Jan. 31 statement that the agency intends to reorganize its Human Foods Program and Office of Regulatory Affairs (ORA) after receiving the...more
U.S. Food and Drug Administration (FDA) Commissioner Robert M. Califf announced in a Jan. 31 statement that the agency intends to reorganize its Human Foods Program and Office of Regulatory Affairs (ORA) after receiving the...more
2/13/2023
/ Baby Products ,
False Advertising ,
Food & Drug Regulations ,
Food and Drug Administration (FDA) ,
Food Safety ,
Food Supply ,
Regulatory Agenda ,
Regulatory Reform ,
Retail Market ,
School Lunch Programs ,
USDA
The U.S. Department of Agriculture (USDA) has released a final rule amending organic regulations “to strengthen oversight and enforcement of the production, handling, and sale of organic agricultural products.”...more
Shook Senior Counsel Talks FDA on NOSH Podcast -
NOSH has interviewed Shook Senior Counsel John Johnson for an episode of its podcast. The episode discusses the implications of the December 2022 Reagan-Udall Foundation...more
1/23/2023
/ Breach of Contract ,
Class Action ,
False Advertising ,
Food & Drug Regulations ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Recalls ,
Food Safety ,
Food Supply ,
Organic ,
Public Health ,
Retail Market ,
Unfair Competition Law (UCL)
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
Pickle maker Grillo's Pickles, Inc. has filed suit against the maker of Wahlburgers pickles, alleging the company makes misleading claims about its pickles' freshness and all natural and preservative-free status. Grillo's...more
An independent review commissioned by the U.S. Food and Drug Administration (FDA) of the Human Foods Program has reportedly identified several issues with the agency’s culture. The key findings of the Reagan-Udall Foundation...more
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
12/19/2022
/ Advertising ,
Advertising Standards Authority ,
Beer ,
Beverage Manufacturers ,
Energy Drinks ,
Environmental Claims ,
Federal Trade Commission (FTC) ,
Food & Drug Regulations ,
Food and Drug Administration (FDA) ,
Food Contamination ,
Food Labeling ,
Food Supply ,
FTC Act ,
Green Guides ,
Marketing ,
Misleading Impressions ,
Popular ,
Public Health ,
Putative Class Actions ,
Trader Joes
A Florida woman has filed a putative class action against Kraft Heinz Foods Co. alleging the company misleads consumers as to the cook time of its Velveeta-brand microwavable macaroni and cheese product. Ramirez v. Kraft...more
FDA Seeks Comments on Food Allergen Labeling Guidance -
The U.S. Food and Drug Administration (FDA) has issued two guidance documents explaining the agency's current thinking on issues relating to food allergen labeling...more
Cultured Chicken Passes FDA Pre-Market Consultation -
The U.S. Food and Drug Administration (FDA) has completed a pre-market consultation for chicken meat made from cultured animal cells, finding “no further questions at...more
The U.S. Food and Drug Administration (FDA) has announced the release of the Interagency Food Safety Analytics Collaboration’s annual report, which provides data on source attribution estimates for 2020 for Salmonella, E....more
This month marks the 20th anniversary of Shook, Hardy & Bacon’s Food and Beverage Litigation and Regulatory Update (FBLU). Since publishing its first edition in October 2002, Shook has continuously covered the legal,...more
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
The Federal Trade Commission’s truth-in-advertising laws require that advertisements be truthful, not misleading, and, when appropriate, backed by scientific evidence. FTC looks at an advertisement in context, considering...more
The U.S. Food and Drug Administration (FDA) has announced a proposed update to guidance on how the term “healthy” can be used in marketing and labeling food products. The announcement notes that current limitations on usage...more
The U.S. Department of Agriculture (USDA) has announced a public meeting to hear from stakeholders on positions for the December 2022 meeting of the Codex Committee on Food Hygiene. Topics to be covered include draft...more
Shook Partner Connor Sears has authored “Food, Drug, Cosmetic Cos. Should Expect More Additive Suits” for Law360. In the article, Sears explores the recent spate of litigation alleging that additives approved for use by the...more
A notice in the Official Journal of the European Union has announced a tightening of restrictions on the allowable amount of ethylene oxide, “an important chemical substance having multiple uses, including the use as a...more
CSPI Urges FDA to Establish Standardized Front-of-Package Labeling -
The Center for Science in the Public Interest (CSPI) has filed a regulatory petition asking the U.S. Food and Drug Administration (FDA) “to require on...more
The attorneys general of 22 states have submitted a letter to the U.S. Food and Drug Administration (FDA) and Department of Agriculture (USDA) asserting that the agencies “are not sufficiently prioritizing a public health...more
Chambers and Partners has listed Shook’s Food, Beverage and Agribusiness Practice as Band 4 in its USA –
Nationwide rankings. According to Chambers, “The Shook, Hardy & Bacon team is respected for its representation of...more
Politico has published a report on the U.S. Food and Drug Administration (FDA) based on more than 50 interviews with current and former employees of the agency, including former FDA commissioners. “There is a remarkable level...more
Shook Of Counsel John Johnson III will co-present “Food and Dietary Supplement Regulation Year-in-Review” on Wednesday, March 30, 2022, at the Food and Dietary Supplement Safety and Regulation Conference. The conference,...more