March has been a big month for cannabis reform and the $40 billion state-regulated marketplace.
President Biden mentioned cannabis reform and his administration’s efforts to reschedule the substance in his State of the...more
3/25/2024
/ Biden Administration ,
Cannabis Products ,
DEA ,
Decriminalization of Marijuana ,
Department of Justice (DOJ) ,
Legalization ,
Legislative Agendas ,
Marijuana ,
Regulatory Reform ,
Schedule I Drugs ,
State and Local Government
On March 18, USDA’s Food Safety and Inspection Service (FSIS) published its Final Rule on Voluntary Labeling of FSIS-Regulated Products with U.S.-Origin Claims (Final Rule). The Final Rule covers meat, poultry, and egg...more
On March 5, FDA published its long-awaited Final Guidance on New Dietary Ingredient Notification (NDIN) Procedures and Timeframes (Final Guidance). This new guidance updates and finalizes Section V of FDA’s revised 2016 Draft...more
Perkins Coie is pleased to announce the launch of our eighth annual Food & Consumer Packaged Goods Litigation Year in Review. Accompanying the 2023 report are infographics that highlight key litigation outcomes, filing data,...more
On February 28, 2024, the U.S. Food and Drug Administration (FDA) announced that grease-proofing substances containing per- and polyfluoroalkyl substances (PFAS) are no longer being sold by manufacturers for food contact use...more
On February 15, a bipartisan group of five Congressional Representatives introduced the Pet Food Uniform Regulatory Reform Act of 2024 (the PURR Act) in the U.S. House.
Currently, the FDA’s regulation of pet foods is...more
The FDA recently launched an updated dietary supplement ingredient directory titled "Information on Select Dietary Supplement Ingredients and Other Substances," replacing FDA’s "Dietary Supplement Ingredient Directory,"...more
The U.S. Food and Drug Administration (FDA) recently published revisions to its multichapter draft guidance for industry on Hazard Analysis and Risk-Based Preventive Controls (HARPC) for Human Food (the Draft Guidance). 89...more
Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space.
- Deena Indiviglio v. B&G Foods, Inc., No. 7:22-cv-09545-VB (S.D.N.Y. – December 29, 2023): The...more
Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space.
Terri Little v. Naturestar North America, LLC, et al., No. 1:22-cv-00232-JLT-EPG (E.D. Cal. –...more
2/1/2024
/ CAFA ,
Class Action ,
Cosmetics ,
Dismissals ,
Food Labeling ,
Labeling ,
Marketing ,
Misleading Impressions ,
Misrepresentation ,
PFAS ,
Product Packaging ,
Putative Class Actions ,
Subject Matter Jurisdiction
PERKINS COIE IS PLEASED TO PUBLISH ITS Q4 FOOD AND CPG LEGAL TRENDS REPORT.
This report is a bite-sized version of our annual year in review, providing timely insights on trends so far this year. In Q4 2023, the Consumer...more
1/23/2024
/ Beverage Manufacturers ,
Class Action ,
Cosmetics ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Menu-Labeling ,
Modernization of Cosmetics Regulation Act of 2022 (MoCRA) ,
Nutritional Supplements ,
Personal Care Products ,
Product Packaging ,
Proposition 65 ,
Regulatory Agenda ,
Regulatory Requirements
On January 12, 2024, a 252-page memorandum from the U.S. Department of Health & Human Services (“HHS”) was publicly released. This memorandum, dated August 29, 2023, portends a potential monumental shift in the regulation of...more
National Association of Wheat Growers, et al. v. Rob Bonta, -
No. 20-16758 (9th Cir.—November 7, 2023): The U.S. Court of Appeals for the Ninth Circuit affirmed summary judgment in the plaintiffs’ favor. The panel held...more
On December 7, U.S. Representative Greg Pence (R-IN) introduced the Innovative Feed Enhancement and Economic Development Act of 2023 (the Innovative FEED Act). Sen. Roger Marshall (R-KS) introduced the Senate version of the...more
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.
Carol Whyble, et al. v. The Nature’s Bounty Co., No. 7:20-cv-03257-NSR (S.D.N.Y.—October 31,...more
In November 2023, Senator Deb Fischer (R-NE), a cattle rancher, introduced the Real Marketing Edible Artificials Truthfully Act of 2023, also known as the “Real MEAT Act.” The bill was referred to the Senate Committee on...more
On November 30, 2023, FDA announced the availability of new resources for stakeholders to facilitate compliance with the Food Traceability Rule.
Refresher on FDA’s Food Traceability Final Rule -
FDA issued its Food...more
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.
Zaida Hicks, et al. v. L’Oreal USA, Inc., No. 1:22-cv-03926-JPC (S.D.N.Y. – September 30,...more
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.
Kerstine Bryan v. Del Monte Foods, Inc., No. 4:23-cv-00865-MMC (N.D. Cal. – October 19, 2023):...more
On November 1, 2023, the U.S. Food and Drug Administration (FDA) published a proposed rule to amend Prior Notice requirements for imported human and animal food in two key ways: Additionally, on October 13, 2023, FDA...more
After Tuesday’s election, Ohio is the latest state to legalize adult-use cannabis despite opposition from Republican Governor Mike DeWine and several trade groups.
Voters approved State Issue 2 with 57% voting in favor...more
This report is a bite-sized version of our annual year in review, providing timely insights on quarterly trends. In Q3 2023, the Consumer consumer Packaged packaged Goods goods (CPG) industry continued to face a meaningful...more
11/8/2023
/ Beverage Manufacturers ,
Class Action ,
Consumer Product Companies ,
Cosmetics ,
Dietary Supplements ,
Food Manufacturers ,
Litigation Strategies ,
Personal Care Products ,
Product Packaging ,
Proposition 65 ,
Regulatory Agenda ,
Regulatory Reform ,
Regulatory Requirements ,
State and Local Government
The appellate courts for the second and ninth circuits recently issued rulings reinforcing the reasonable consumer standard. In doing so, these cases refine prior precedent and strengthen a court’s ability to properly dismiss...more
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space.
Stephen Dunn, et al. v. Ancient Brands LLC, No. 5:21-cv-00390-LEK-ML (September 15, 2023): The...more
10/19/2023
/ CAFA ,
Class Action ,
Dismissals ,
False Advertising ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food Labeling ,
Food Manufacturers ,
Jurisdiction ,
Misrepresentation ,
Motion for Judgment ,
Nutrition Facts Labels ,
Private Right of Action ,
Product Packaging ,
Putative Class Actions
SAFER Banking Act Heads to Senate Floor -
On September 27, the Secure and Fair Enforcement Regulation (SAFER) Banking Act (S.2860) was reported out from the Senate Committee on Banking, Housing, and Urban Affairs with...more