Inflated jury verdicts in the first two preterm infant formula cases tried in the country have raised significant concerns for manufacturers and the broader medical community. These cases not only spotlight the legal...more
We want to inform you of a new law in Maryland, effective January 1, 2025, that mandates baby food manufacturers to test for toxic heavy metals, excluding infant formula. Known as Rudy’s Law, this legislation was inspired by...more
A recent Congressional report identified the risk of toxic heavy metal contamination of various brands of commercial baby food. Palmquist v. Hain Celestial Group is one of the first of many cases pending nationwide seeking...more
LEGISLATION, REGULATIONS & STANDARDS - 20 State AGs Ask FDA to Act on Lead, Metals in Baby Food - Citing a wave of childhood lead poisoning connected to recalled applesauce pouches, a group of 20 state attorneys...more
A group of 20 Democratic AGs wrote a comment letter to the FDA urging it to act on prior AG petitions asking the FDA to issue strong, specific guidance to the baby food industry on testing for lead and other toxic elements....more
Baby formula has sadly made headlines in recent years as a result of shortages, plant closures, contamination, and lawsuits. A major infant formula class action lawsuit is ongoing against manufacturers Enfamil and Similac for...more
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
Here are curated AG and federal regulatory news stories highlighting key areas in which state and federal regulators’ decisions are having an impact across the US: ·Multistate AG Coalition Urges EPA Action to Protect...more
A group of 21 Democratic AGs wrote a comment letter to the FDA in connection with the agency’s Draft Guidance to Industry on Action Levels for Lead in Food Intended for Babies and Young Children (“Lead Guidance”). The letter...more
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
On March 4, 2021, we wrote about lawsuits concerning alleged high levels of heavy metals in baby foods (“Are Your Baby’s Strained Carrots Safe? Considerations for Manufacturers”). A precipitating factor was a staff report...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
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
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
The giant drug maker Abbott and the federal Food and Drug Administration both should hang their heads in shame as more information becomes public as to how they left millions of vulnerable infants hungry and put kids’ 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
The U.S. Food and Drug Administration (FDA) has issued guidance indicating that it will not enforce particular provisions implementing the Food Safety Modernization Act (FSMA). “In certain situations the FDA has determined it...more
On February 3, 2022 a Los Angeles County, California judge concluded an early evidentiary hearing centered on the opinions from four of the plaintiff’s experts in one of the nation’s first lawsuits over baby food allegedly...more
Dozens of baby food lawsuits have been filed by families of children diagnosed with autism spectrum disorder (ASD). Here’s what parents should know about the ongoing litigation....more
The U.S. Food and Drug Administration (FDA) recently held a public meeting as a part of its Closer to Zero: Action Plan for Baby Foods initiative. This plan identifies steps the agency will take over the next three years...more
Families Affected by Infant Necrotizing Enterocolitis Can Have Their Case Reviewed at No Cost Necrotizing enterocolitis (NEC) is a serious gastrointestinal emergency, particularly for the premature babies who are the...more
On March 4, 2021, we posted “Are Your Baby’s Strained Carrots Safe? Considerations for Manufacturers.” Multiple plaintiffs had filed class action lawsuits in jurisdictions around the country alleging that baby food...more
The U.S. Food and Drug Administration (FDA) recently released a new action plan designed to further reduce exposure to toxic elements, including heavy metals, from foods for infants and young children. This represents the...more
Additional Probes, Lawsuits Announced on Toxic Elements in Baby Food - New York Attorney General Letitia James has announced a probe into whether baby food contains toxic elements such as arsenic and other metals. In a...more