A California federal court has ordered the U.S. Food and Drug Administration (FDA) to conduct an assessment on the effects that could ensue if genetically engineered (GE) salmon escaped aquaculture farms and established...more
FDA Issues Guidance on Allulose, Seeks Comments on Non-Traditional Sugars -
The U.S. Food and Drug Administration (FDA) has issued final guidance on the declaration of allulose in food. “The guidance describes FDA’s views...more
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)
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
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
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
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
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
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
LEGISLATION, REGULATIONS & STANDARDS -
New York Legislature Passes Bill To Ban PFAS In Food Packaging -
The New York legislature has passed SB 8817, which would prohibit “the distribution, sale, and offer for sale in...more
7/27/2020
/ Bioengineering ,
Burger King ,
Cannabis Products ,
Coronavirus/COVID-19 ,
Fast-Food Industry ,
Food and Drug Administration (FDA) ,
Food Supply ,
Infectious Diseases ,
Legislative Agendas ,
Marketing ,
Meat Processing Plants ,
Misleading Impressions ,
OSHA ,
PFAS ,
Plant Based Products ,
Product Packaging ,
Putative Class Actions ,
Research and Development ,
Sanitation ,
USDA ,
Workplace Safety
FDA Enters New Phase Of FSVP Enforcement -
The U.S. Food and Drug Administration (FDA) has entered a new phase of enforcement for the Foreign Supplier Verification Program (FSVP) regulation, the legally required due...more
7/20/2020
/ Class Action ,
Class Certification ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Dietary Guidelines ,
Food and Drug Administration (FDA) ,
Food Safety ,
Food Supply ,
Foreign Suppliers ,
Imports ,
Meat Processing Plants ,
Regulatory Oversight ,
Safety Inspections ,
Slack-Fill Suits ,
USDA
SPOTLIGHT -
COVID-19 Brings Price-Gouging Litigation To California -
California often serves as an incubator for litigation that thereafter sweeps across the country. This phenomenon may hold true for newly minted...more
6/4/2020
/ Amazon Marketplace ,
Antitrust Provisions ,
Antitrust Violations ,
Class Action ,
Coronavirus/COVID-19 ,
Corruption ,
E-Commerce ,
Food Supply ,
Goods or Services ,
Price Gouging ,
Price Inflation ,
Supply Chain ,
Unfair or Deceptive Trade Practices ,
White Collar Crimes
LEGISLATION, REGULATIONS & STANDARDS -
EU Announces “Farm to Fork Strategy”
The European Commission has announced the adoption of strategies to support biodiversity and “transition to a sustainable EU food system that...more
5/26/2020
/ Agribusiness ,
APHIS ,
Business Disruption ,
Coronavirus/COVID-19 ,
E-Coli ,
EU ,
False Advertising ,
Family Assistance Plans ,
Farms ,
Federal Grants ,
Food and Drug Administration (FDA) ,
Food Contamination ,
Food Supply ,
GMO ,
Legislative Agendas ,
Putative Class Actions ,
Relief Measures ,
Retail Market ,
Slack-Fill Suits ,
USDA
LEGISLATION, REGULATIONS & STANDARDS -
FDA Releases Reopening Guidelines for Food Establishments -
The U.S. Food and Drug Administration (FDA) has published a food-safety checklist for retail food establishments that...more
5/18/2020
/ Beverage Manufacturers ,
Coronavirus/COVID-19 ,
Food and Drug Administration (FDA) ,
Food Safety ,
Food Supply ,
Hemp ,
Meat Processing Plants ,
Medical Foods ,
Misrepresentation ,
Natural Products ,
Negligence ,
Personal Protective Equipment ,
Plant Based Products ,
Putative Class Actions ,
Re-Opening Guidelines ,
Restaurant Industry ,
Retail Market ,
State Attorneys General ,
Survival Statute ,
Trump Administration ,
Virus Testing ,
Workplace Safety ,
Wrongful Death
Examining Price-Gouging Allegations During COVID-19 Pandemic -
Shook Partner Katie Gates Calderon and Associate Elizabeth Fessler have authored “Best Practices for Food and Beverage Pricing Right Now” for Law360, which...more
5/12/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Chipotle Grill ,
Coronavirus/COVID-19 ,
Corruption ,
Food and Drug Administration (FDA) ,
Food Contamination ,
Food Supply ,
GAO ,
Goods or Services ,
Personal Protective Equipment ,
Price Gouging ,
Price Inflation ,
Restaurant Industry ,
Supply Chain ,
Unfair or Deceptive Trade Practices ,
USDA ,
White Collar Crimes
What the FDA Requires for Food Safety During the COVID-19 Pandemic -
The U.S. Food and Drug Administration’s (FDA) regulatory requirements for food companies, including manufacturers and importers, remain largely unchanged...more
4/20/2020
/ Cannabidiol (CBD) oil ,
Center for Drug Evaluation and Research (CDER) ,
Coronavirus/COVID-19 ,
Dispensaries ,
Farm Animals ,
Farm Workers ,
Food and Drug Administration (FDA) ,
Food Contamination ,
Food Manufacturers ,
Food Recalls ,
Food Safety ,
Food Supply ,
FSVP ,
Imports ,
Marijuana Related Businesses ,
Public Health ,
Recreational Use ,
Regulatory Oversight ,
Regulatory Requirements ,
Sick Leave ,
The Humane Society ,
Unions ,
USDA ,
Workplace Safety ,
World Health Organization
FDA Warning Letters Provide Opportunity for Food-Safety Reminders During Viral and Bacterial Outbreaks -
The U.S. Food and Drug Administration (FDA) sent warning letters to Jimmy John’s Franchise, LLC and its supplier...more
3/10/2020
/ Agribusiness ,
Attorney's Fees ,
Beverage Manufacturers ,
Class Certification ,
Coronavirus/COVID-19 ,
E-Coli ,
Farms ,
Food and Drug Administration (FDA) ,
Food Contamination ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Food Safety ,
Frito-Lay ,
Health and Safety ,
Misleading Impressions ,
Natural Products ,
Organic ,
Plant Based Products ,
Product Packaging ,
Public Health ,
Putative Class Actions ,
Regulatory Requirements ,
Retail Market ,
Statutory Requirements ,
Strategic Enforcement Plan ,
Suppliers ,
Supply Chain ,
USDA
LEGISLATION, REGULATIONS & STANDARDS -
FDA Releases Guidance on Intentional Adulteration -
The U.S. Food and Drug Administration (FDA) has released the third and final installment of its draft guidance on intentional...more
3/2/2020
/ Beverage Manufacturers ,
Class Action ,
Class Certification ,
Corrective Actions ,
Dismissal With Prejudice ,
Food and Drug Administration (FDA) ,
Food Contamination ,
Food Manufacturers ,
Food Marketing ,
Food Safety ,
Food Supply ,
FSMA ,
Intellectual Property Protection ,
Kellogg Company ,
Logos ,
Motion to Dismiss ,
Public Health ,
Recordkeeping Requirements ,
Regulatory Oversight ,
Regulatory Requirements ,
Retail Market ,
Rulemaking Process ,
Settlement Negotiations ,
Switzerland ,
Vulgar or Offensive Marks ,
Wine & Alcohol
LEGISLATION, REGULATIONS & STANDARDS -
France to Ban Mass Culling of Male Chicks -
France’s agriculture minister has reportedly announced that the country will prohibit the mass culling of male chicks shortly after they...more
2/18/2020
/ Agribusiness ,
Animal Cruelty ,
Baby Products ,
Beverage Manufacturers ,
Brand ,
Criminal Investigations ,
Criminal Prosecution ,
Department of Agriculture ,
EU ,
Farm Animals ,
Farms ,
Federal Bans ,
First Amendment ,
Food & Drug Regulations ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Supply ,
France ,
Fraud ,
Free Speech ,
Genetically Engineered Seed ,
GMO Bans ,
Infringement ,
Marketing ,
Online Advertisements ,
Organic ,
Plant Based Products ,
Product Labels ,
Putative Class Actions ,
Regulatory Agencies ,
Regulatory Standards ,
UK ,
Veganism ,
Whistleblowers ,
Wine & Alcohol
LEGISLATION, REGULATIONS & STANDARDS -
Virginia Law Limiting Use of “Milk” Advances -
Following a vote in the Virginia House Agriculture Subcommittee, the state’s House of Delegates will reportedly consider a bill that...more
2/10/2020
/ Antitrust Provisions ,
Antitrust Violations ,
Beverage Manufacturers ,
Consent Decrees ,
Department of Justice (DOJ) ,
Energy Drinks ,
Enforcement Actions ,
Federal Trade Commission (FTC) ,
Food and Drug Administration (FDA) ,
Food Supply ,
Legislative Agendas ,
Manufacturing Facilities ,
Permanent Injunctions ,
Pesticides ,
Plant Based Products ,
Product Labels ,
Product Packaging ,
Public Meetings ,
Pyramid Schemes ,
Regulatory Agenda ,
Regulatory Requirements ,
Regulatory Violations ,
Safety Inspections ,
Safety Standards ,
Seafood ,
Settlement ,
Slack-Fill Suits ,
Wine & Alcohol
LEGISLATION, REGULATIONS & STANDARDS -
CBD Explodes In Popularity But Hits Regulatory Wall -
Following the passage of the 2018 Farm Bill, which legalized the cultivation of hemp, cannabidiol (CBD) became the star...more
12/23/2019
/ Agribusiness ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Class Action ,
Decriminalization of Marijuana ,
Dispensaries ,
Farm Bill ,
Food Allergies ,
Food and Drug Administration (FDA) ,
Food Safety ,
Food Supply ,
Health Claims ,
Hemp ,
Interstate Commerce ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Misleading Impressions ,
PFAS ,
Plant Based Products ,
Product Packaging ,
Public Health ,
Regulatory Oversight ,
Retailers
LEGISLATION, REGULATIONS & STANDARDS -
Senate Confirms FDA Commissioner -
The U.S. Senate has voted to confirm Stephen Hahn as the commissioner of the U.S. Food and Drug Administration (FDA). Hahn, an expert in...more
12/16/2019
/ Advertising ,
Article III ,
Disability Discrimination ,
Drive-Throughs ,
Environmental Policies ,
Fast-Food Industry ,
FDA Commissioner ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Supply ,
Governor Vetoes ,
Misleading Impressions ,
Motion to Dismiss ,
NAD ,
Pesticides ,
Plant Based Products ,
Preliminary Injunctions ,
Product Labels ,
Public Health ,
Putative Class Actions ,
Restaurant Industry ,
Senate Confirmation Hearings ,
Slack-Fill Suits ,
Standing ,
State and Local Government ,
State Bans ,
Toxic Exposure ,
Trade Dress ,
UK ,
Wendy's
LEGISLATION, REGULATIONS & STANDARDS -
FDA Issues Warning Letters, Consumer Update On CBD, Sparking Litigation Against CBD Cos. -
The U.S. Food and Drug Administration (FDA) has issued a consumer update on cannabidiol...more
12/9/2019
/ Agribusiness ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Class Certification ,
Consumer Protection Laws ,
Country of Origin ,
Criminal Conspiracy ,
Decriminalization of Marijuana ,
Dietary Supplements ,
EU ,
Farm Animals ,
FDA Warning Letters ,
Fishing Industry ,
Food & Drug Regulations ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
GAO ,
Grocery Stores ,
Guilty Pleas ,
Health and Safety ,
Hemp ,
Imports ,
Insecticide ,
Kellogg Company ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Medical Foods ,
Misleading Statements ,
Natural Products ,
Permanent Bans ,
Plant Based Products ,
Putative Class Actions ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Standards ,
Retail Market ,
Safer Consumer Product Regulations ,
Seafood ,
Statutory Violations ,
Transparency ,
USDA ,
Wire Fraud
LEGISLATION, REGULATIONS & STANDARDS -
Oregon Sens. Request Changes To USDA Hemp Rule -
In a letter to the U.S. Department of Agriculture (USDA), Sens. Ron Wyden (D-Ore.) and Jeff Merkley (D-Ore.) have requested changes...more
11/25/2019
/ Agribusiness ,
Burger King ,
Cannabis Products ,
Cannabis-Related Businesses (CRBs) ,
Food Supply ,
France ,
Fraudulent Marketing ,
Grocery Stores ,
Hemp ,
Hemp Cultivation ,
Hersheys ,
Misleading Statements ,
Organic ,
Plant Based Products ,
Putative Class Actions ,
Regulatory Requirements ,
Retail Market ,
Rulemaking Process ,
Summary Judgment ,
Testing Requirements ,
Transparency ,
Unfair or Deceptive Trade Practices ,
USDA ,
Veganism ,
Whole Foods ,
Wine & Alcohol
LEGISLATION, REGULATIONS & STANDARDS -
USDA Receives Hundreds Of Comments On Hemp Interim Rule -
Two weeks after opening a comment period on an interim final rule on hemp farming, the U.S. Department of Agriculture...more
11/18/2019
/ Advertising ,
Australia ,
Beverage Manufacturers ,
Breweries ,
Children's Products ,
Children's TV Programming ,
Citizen Petitions ,
Country of Origin ,
Dietary Guidelines ,
EU ,
European Food Safety Authority (EFSA) ,
False Advertising ,
Farm Animals ,
FOIA ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Food Supply ,
Grocery Stores ,
Health Claims ,
Hemp ,
Honeybees ,
Interim Final Rules (IFR) ,
Kellogg Company ,
Misleading Impressions ,
Negligent Inspection ,
New Zealand ,
Nutrition Facts Labels ,
Ocean Spray ,
Plant Based Products ,
Public Comment ,
Public Health ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Standards ,
Retail Market ,
Safety Inspections ,
Settlement ,
USDA ,
Wine & Alcohol