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Many alcohol beverage industry clients are faced with lawsuits attacking product labels. These lawsuits can be frustrating for clients, particularly when the labels at issue were previously approved by the Alcohol and Tobacco...more
In the July edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a kombucha goes pear-shaped, a New Yorker joins a coffee...more
An Illinois consumer recently filed a putative class action complaint against the makers of Fireball Whisky, claiming that the alcohol producer’s mini bottles deceived consumers into buying products labeled as “whisky,” even...more
The industry is all abuzz about Sazerac’s flavored malt beverage “brand-extension” of its popular Fireball Cinnamon Whisky. Here is a single serving – aka shot – of the original 66 proof distilled spirit:...more
Distilled spirits manufacturers recently find themselves in proverbial hot water when it comes to incomplete or misleading representations on labels. Recent state and federal court cases highlight that while mere "puffery" –...more
20 Years Later, TTB Agrees to Revisit Alcohol Labeling - Watchdogs claim a win, but are they being set up for a wait? Again? Anticipation - When last we left the doughty heroes of the Center for Science in the...more
Takeaway: Antiquated laws can give rise to creative class actions. In the nineteenth century, the Florida Legislature criminalized the use of a food ingredient ultimately declared safe for consumption by the Food and Drug...more
Crafting appealing alcoholic beverage labels that check the regulatory boxes and minimize litigation exposure is not as simple as deciding between shaken or stirred (hint: stirred, hands down). Our Food & Beverage Team...more
What’s in a name? A rosé made of malt beverage would smell as sweet, wouldn’t it? Our Food & Beverage Team investigates a class action in Missouri that has survived a motion to dismiss and could change how ready-to-drink...more
Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and settlements affecting the food, beverage, agribusiness, and cosmetics industries. This month, plaintiffs bang their heads...more
A new class-action lawsuit alleges that packaging for Anheuser-Busch’s “Rita” beverage products deceives consumers by implying that the products contain wine or distilled spirits when in fact they are flavored malt beverage...more
A federal judge in the Southern District of Florida recently dismissed an action alleging that Bacardi’s use of a botanical called “grains of paradise” in its gin was “harmful and illegal,” holding that the statute on which...more
In an important ruling dismissing a proposed class action, the US District Court for the Southern District of Florida ruled that the US Food and Drug Administration’s (FDA’s) generally recognized as safe (GRAS) regulation...more
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
Bacardi U.S., Inc. is facing a class action lawsuit in Florida due the use of grains of paradise in Bombay Sapphire® Gin. In Uri Marrache v. Bacardi USA, Inc., et al., Case No. 2019-023668-CA-01 (Miami-Dade Cir. Ct. Aug. 9,...more
LEGISLATION, REGULATIONS & STANDARDS - FDA Issues First Warning Letter for FSMA Foreign Supplier Program - The U.S. Food and Drug Administration (FDA) has issued the first warning letter enforcing the Food Safety...more
Wage and Hour - 80/20 Rule Still Followed in Some Parts - The U.S. Department of Labor (DOL) issued guidance doing away with the so-called "80/20 rule" in November 2018. District courts have greeted the new guidance...more
Silverman Speaks to Congressional Staff About Food Litigation Trends - Shook Partner Cary Silverman was an invited panelist at The George Mason University Antonin Scalia Law School’s Law and Economics Center’s...more
LEGISLATION, REGULATIONS & STANDARDS - FDA Releases Guidance on Dietary Fiber Labeling - The U.S. Food and Drug Administration has released guidance identifying eight non-digestible carbohydrates that the agency intends...more
On February 5, 2018, the US District Court for the Eastern District of Missouri issued an opinion in one of the many false advertising class actions brought against the industry in the past five years....more
Sen. Charles Schumer (D-N.Y.) has sent a letter to Scott Gottlieb, commissioner of the U.S. Food and Drug Administration (FDA), calling for an investigation into the use of phthalates in food and fast-food packaging. Citing a...more
GE Salmon Bill Introduced in U.S. Senate - A bipartisan group of U.S. senators has introduced a bill that would require labeling of genetically engineered (GE) salmon and independent scientific review of the U.S. Food and...more
Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others...more
On September 27, 2016, the Northern District of Florida issued a decision in Pye v. Fifth Generation, Inc., N.D. Fla. No. 4:14cv493-RH/CAS, one of many false advertising class actions brought against the makers of Tito’s...more
As anyone in real estate will tell you, location matters. Apparently, location also matters when it comes to selecting a beer. Recently, a purchaser of Leffe Beers brought a class action lawsuit in Florida federal court...more