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Food and Beverage Litigation and Regulatory Update - December 2024

The U.S. Food and Drug Administration (FDA) has announced a final rule updating the definition of the nutrient content claim “healthy.” To qualify as “healthy” under the updated definition, food products must contain a...more

FDA Announces Final Rule Updating Definition of "Healthy" Nutrient Content Claim - Food and Beverage Litigation and Regulatory...

The U.S. Food and Drug Administration (FDA) has announced a final rule updating the definition of the nutrient content claim “healthy.” To qualify as “healthy” under the updated definition, food products must contain a...more

Listeria-Related Recalls Prompt Proposed Class Actions - Food and Beverage Litigation and Regulatory Update

Boar’s Head, Treehouse Foods and BrucePac face proposed class actions following a series of Listeria-related recalls. Harper v. Boar’s Head Provisions Co. Inc., No. 24-0860 (E.D. Cal., filed October 21, 2024)...more

NAD Recommends Modifications on Tortilla Packaging - Food and Beverage Litigation and Regulatory Update

BBB National Programs’ National Advertising Division has recommended that Gruma Corp. discontinue and modify certain claims on its tortilla products. Olé Mexican Foods, Inc., a competitor, challenged Gruma's packaging claims....more

FDA Outlines Strategy for Infant Formula Market

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

Food and 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

Food and Beverage Litigation and Regulatory Update - March 2023 #3

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

Food and Beverage Litigation and Regulatory Update - March 2023 #2

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

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

Food and Beverage Litigation and Regulatory Update - February 2023

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

Food and Beverage Litigation and Regulatory Update - January 2023 #2

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

Grillo's Sues Wahlburgers for Preservative Claims

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

Food & Beverage Litigation Update l May 2020 #3

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

Food & Beverage Litigation Update l May 2020 #2

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

Food & Beverage Litigation Update l November 2019 #3

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

Food & Beverage Litigation Update l September 2019 #2

LEGISLATION, REGULATIONS & STANDARDS - U.S. Lawmakers Urge FDA to Act on CBD - A group of U.S. lawmakers, led by Reps. Chellie Pingree (D-Maine) and James Comer (R-Ky.), have urged the U.S. Food and Drug Administration...more

Food & Beverage Litigation Update l February 2019

LEGISLATION, REGULATIONS & STANDARDS - U.K. Launches Consultation On Allergen Labeling - The U.K. Food Standards Agency has opened a public consultation on labeling allergens on prepared food products. ...more

Food & Beverage Litigation Update | November 2018 #2

LEGISLATION, REGULATIONS & STANDARDS - Ban on SSB Taxes Passes in Washington, Fails in Oregon - Washington voters have reportedly approved a ballot measure that will prevent the state legislature from implementing a tax...more

Food & Beverage Litigation Update | October 2018 #4

Silverman Publishes “In Search of the Reasonable Consumer: When Courts Find Food Class Action Litigation Goes Too Far” - Shook Partner Cary Silverman has authored an article for the University of Cincinnati Law Review...more

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