Samuel Jockel at Alston & Bird

Food & Beverage Digest – October 2022: bringing the spiciest class actions

In the October edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, children are reasonable consumers, that’s right – a hot...more

10/28/2022 / Beverage Manufacturers , Class Action , False Advertising , Food Labeling , Food Manufacturers , Food Marketing , Nutrition Facts Labels , Product Labels

Food & Beverage Digest – September 2022: translated from the Greek to us

Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries. This month, feta is a GOAT’s cheese and laws...more

10/6/2022 / Advertising , Beverage Manufacturers , Class Action , False Advertising , Food Labeling , Food Manufacturers , Food Marketing , Nutrition Facts Labels , Product Labels

FDA’s Proposed Revamp of “Healthy” Claim Requirements: What Industry Should Do Now

Decades after the FDA first issued its initial definition of the claim “healthy,” its proposed new definition of the implied nutrient content claim used in the labeling of human food products is here. Our Food, Beverage &...more

10/3/2022 / Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Nutrition Facts Labels , Product Labels

Bioengineered Food Disclosure: QR Code and Text Message Disclosure Requirements Remanded to Agency

In a long-awaited summary judgment ruling, a federal court kept most of the National Bioengineered Food Disclosure Standard final rule intact while sending the requirements for the electronic/digital link (QR Code) and text...more

9/20/2022 / Bioengineering , Disclosure Requirements , National Bioengineered Food Disclosure Standard (NBFDS) , QR Codes , USDA

Food & Beverage Digest - July 2022

In the July edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, one plaintiff is not tolerant of dairy-free coffee creamer,...more

8/1/2022 / Beverage Manufacturers , Class Action , False Advertising , Food Labeling , Food Manufacturers , Food Marketing , Misleading Impressions , Nutrition Facts Labels

Food & Beverage Digest – June 2022

In the June edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a plaintiff wonders where the rum’s gone, if it’s not...more

7/5/2022 / Advertising , Beverage Manufacturers , Class Action , False Advertising , Food Labeling , Food Manufacturers , Food Marketing , Product Labels

Food and Drug Amendments of 2022 (PDUFA VII)

Our FDA and Health Care Policy teams discuss how sponsors and manufacturers can prepare for legislative and regulatory changes that could come from the final Food and Drug Amendments (PDUFA VII) and what companies can do...more

6/15/2022 / Food and Drug Administration (FDA) , Inspections , Life Sciences , Manufacturers , Medical Devices , Pharmaceutical Industry , Prescription Drugs , Public Policy , User Fees

Food & Beverage Digest – May 2022

In the May edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, some fat isn’t enough, some heroes wear grapes, and some...more

6/2/2022 / Advertising , Beverage Manufacturers , Class Action , False Advertising , Food Labeling , Food Manufacturers , Food Marketing , Nutrition Facts Labels , Product Labels , Putative Class Actions

Food & Beverage Digest – April 2022

In the April edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a free-range chicken suit takes off, it’s no use crying over...more

4/29/2022 / Beverage Manufacturers , Class Action , False Advertising , Food Labeling , Food Manufacturers , Food Marketing , Nutrition Facts Labels , Product Labels

Making Environmental Marketing Claims: A Balancing Act

Our Food & Beverage; Environment, Land Use & Natural Resources; and ESG Advisory Groups outline regulatory and litigation developments in environmental claims on product labels and provide insights on how marketers can...more

4/13/2022 / Advertising , Best Practices , Climate Change , Federal Trade Commission (FTC) , Green Guides , Green Marketing , Greenwashing , Marketing , New Legislation , Popular , Product Labels , Publicly-Traded Companies , Securities and Exchange Commission (SEC) , Sustainability

Food & Beverage Digest – March 2022

In the March edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, cocoa is not cacao, a motion to dismiss gets roasted, and a...more

4/4/2022 / Beverage Manufacturers , Food Labeling , Food Manufacturers , Food Marketing , Putative Class Actions

A Modern Take on an Old-Fashioned: Phase 2 of the TTB’s Updates to Alcohol Labeling and Advertising Regulations

Now in effect, Phase 2 of the Alcohol and Tobacco Tax and Trade Bureau’s multiyear initiative to update its labeling and advertising regulations for alcohol beverages covers distilled spirits and malt beverages. Our Food &...more

3/29/2022 / Advertising , Alcohol Beverage Control , Code of Federal Regulations (CFR) , Labeling , Regulatory Requirements , Rulemaking Process

Food & Beverage Digest – February 2022

In the February edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a vanilla suit survives a motion to dismiss, a heavy...more

3/2/2022 / Beverage Manufacturers , Class Action , False Advertising , Food Labeling , Food Manufacturers , Misrepresentation , Nutrition Facts Labels , Product Labels , Slack-Fill Suits

Food & Beverage Digest – January 2022

In the January edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a plaintiff offers a toast to cinnamon, flavored water...more

2/1/2022 / Advertising , Class Action , False Advertising , Food Labeling , Food Manufacturers , Food Marketing , Nutrition Facts Labels , Product Labels , Putative Class Actions

FDA Extends Pause on Non-mission-critical Domestic Surveillance inspections to February 4 – Medical Products Supply Chain Week in...

In this week’s issue, OSHA withdrew its emergency temporary standard (ETS), which required a mandatory vaccination policy for large private employers with an exception for employers that adopt a policy requiring mandatory...more

2/1/2022 / Biden Administration , Centers for Disease Control and Prevention (CDC) , Coronavirus/COVID-19 , Cybersecurity , Department of Health and Human Services (HHS) , Executive Orders , Food and Drug Administration (FDA) , Manufacturers , Medical Devices , Medical Supplies , Pharmaceutical Industry , Prescription Drugs , Public Health Emergency , Supply Chain , Vaccinations

Bringing Dietary Supplements to Market: Key Requirements and Best Practices

Whether you are looking to enter the market or grow your footprint in the industry, you need to know what regulations are relevant and how to prepare to bring a dietary supplement to market. ...more

1/25/2022 / Dietary Supplements , Federal Food Drug and Cosmetic Act (FFDCA) , Food and Drug Administration (FDA) , Labeling , Manufacturers , Marketing , Product Labels , Regulatory Requirements

FDA Suspends Non-Mission-Critical Domestic and Foreign Inspections – Medical Products Supply Chain Week in Review

Just before the New Year holiday, the FDA announced it that was suspending non-mission-critical domestic and foreign inspection activities. The FDA amended the EUA of the Moderna COVID-19 vaccine booster. The Center for Drug...more

1/18/2022 / Coronavirus/COVID-19 , Food and Drug Administration (FDA) , Manufacturers , Medical Devices , Medical Supplies , Pharmaceutical Industry , Supply Chain , Vaccinations

FDA Authorizes Booster Dose for Adolescents – Medical Products Supply Chain Week in Review

Over the holidays, the CDC updated its recommendations for post-exposure quarantining and masking. The FDA authorized the Pfizer vaccine booster dose for adolescents 12–15 years of age and for immunocompromised children 5–11...more

1/4/2022 / Coronavirus/COVID-19 , Food and Drug Administration (FDA) , Manufacturers , Medical Devices , Medical Supplies , Pharmaceutical Industry , Supply Chain , Vaccinations

Food & Beverage Digest – New Year’s 2022

In the New Year’s edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, the FDA’s cherry pie standard warrants a review, salt...more

1/3/2022 / Advertising , Beverage Manufacturers , Class Action , False Advertising , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Marketing , Nutrition Facts Labels

FTC to Probe Supply Chain Issues of Major Companies – Medical Products Supply Chain Week in Review

In the past two weeks, the Federal Trade Commission (FTC) has ordered major U.S. companies to provide information on their supply chain issues and solutions. The FDA issued an emergency use authorization (EUA) for a...more

12/20/2021 / Emergency Use Authorization (EUA) , Federal Trade Commission (FTC) , Food and Drug Administration (FDA) , Medical Supplies , Office of Foreign Assets Control (OFAC) , Supply Chain , Vaccinations

Food & Beverage Digest – November 2021

Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries. This month, a vanilla expert’s survey fails at...more

12/8/2021 / Beverage Manufacturers , Class Action , False Advertising , Food Labeling , Food Manufacturers , Food Marketing , Putative Class Actions , Settlement

Pfizer and BioNTech to Request Approval for Vaccine Use in 12-to-15-Year-Olds – Medical Products Supply Chain Week in Review

In the past week, Pfizer and BioNTech announced they will request full approval from the FDA for the use of their COVID-19 vaccine in adolescents 12–15 years of age. They also plan to seek authorization of the booster dose in...more

12/6/2021 / Coronavirus/COVID-19 , Food and Drug Administration (FDA) , Medical Devices , Medical Supplies , Pharmaceutical Industry , Popular , Supply Chain , Vaccinations

Samuel Jockel

Alston & Bird

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