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Food and Drug Administration (FDA) Nutrition Facts Labels

Holland & Knight LLP

Ninth Circuit Holds That California Food-Labeling Law Is Not Preempted by Federal Law

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In 1990, Congress enacted the Nutrition Labeling and Education Act (NELA) as an amendment to the Food, Drug and Cosmetic Act (FDCA). Among other things, NELA 1) provided for modernization and standardization of the familiar...more

Foley & Lardner LLP

Some Judges Have — Naturally — Grown Skeptical of False Advertising Class Actions Challenging “Natural” Labels

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Among recent trends in consumer product false advertising class actions has been the rise in cases alleging false advertising for products touting ingredients as “all natural” or “100% natural.” These lawsuits often point to...more

Perkins Coie

Dietary Supplements: FDA Renames and Updates Ingredient Directory

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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

Troutman Pepper

TTB Seeking Public Input on Potential Alcoholic Beverage Labeling Changes

Troutman Pepper on

As we previously reported, the Treasury Department released a 2022 report on Competition in the Markets for Beer, Wine, and Spirits (the Competition Report) recommending, in part, that the Alcohol and Tobacco Tax and Trade...more

Davis Wright Tremaine LLP

FDA Issues Small Entity Compliance Guidance for Yogurt Standard of Identity

SOI sets new requirements for labels and ingredients, including for minimum dairy amount and bacterial cultures; compliance deadline is January 1, 2024 The U.S. Food and Drug Administration (FDA) announced the availability...more

Clark Hill PLC

Ninth Circuit Issues Decision Clarifying Protein Labeling Requirements

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On Aug. 14, the Ninth Circuit issued its decision in Nacarino v. Kashi Co., providing some much-needed clarity to the FDA’s protein labeling requirements. The decision dealt with two separate cases from the Northern District...more

BakerHostetler

Judge Confirms What We All Already Knew About FDA Serving Sizes

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A potato-chip brand once famously boasted, “No one can eat just one.” And of course, no one can. But according to the Food and Drug Administration (FDA), you aren’t going to eat more than 16 (or 28 grams), because that is the...more

Hogan Lovells

FDA continues work on consumer research on front-of-pack nutrition labeling

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The U.S. Food and Drug Administration (FDA) published a second procedural notice regarding its plans to conduct consumer research on a front-of-pack (FOP) nutrition labeling scheme....more

Morgan Lewis - Well Done

Salt-Shaking it Up: FDA Issues Proposed Rule to Allow Salt Substitutes in Standardized Foods

FDA has consistently pursued its aim of encouraging US consumers to eat less salt. As we have previously written, FDA issued a Voluntary Sodium Reduction guidance in October 2021 to support the reduction of average sodium...more

BakerHostetler

AD-ttorneys@law - May 2023

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FTC Lays Out Some AI Ad Essentials - But specific guidance isn’t here yet, so...let’s be careful out there....more

Morgan Lewis - Well Done

A Sweet Deal: FDA Allows New Qualified Heart-Healthy Claim for High Flavanol Cocoa Powder

FDA recently announced it does not object to the use of certain qualified health claims regarding the relationship between the consumption of cocoa flavanols in high flavanol cocoa powder and a reduced risk of cardiovascular...more

Hogan Lovells

FDA seeks comment on food labeling information in e-commerce

Hogan Lovells on

The U.S. Food and Drug Administration (FDA) is requesting comment on the availability of nutrition, ingredient, and allergen information online for packaged foods sold through online grocery shopping platforms.  FDA explains...more

Hogan Lovells

FDA advances nutrition initiatives: dietary guidance statements and salt substitutes in standardized foods

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FDA recently issued two nutrition-related initiatives regarding dietary guidance statements and the use of salt substitutes in standardized foods. The first initiative, a draft guidance, contains agency recommendations on the...more

Foster Garvey PC

FDA Issues Draft Guidance on Naming and Voluntary Nutrient Statements for Plant-Based Milk Alternatives

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On February 23, 2023, the Food and Drug Administration (FDA) announced the issuance of a draft guidance document entitled “Labeling of Plant-Based Milk Alternatives and Voluntary Nutrient Statements: Guidance for Industry.”...more

Patterson Belknap Webb & Tyler LLP

“Fit” For Dismissal: SDNY Rejects Class Action Misapplying FDA’s “Healthy” Regulation

When is a food “healthy”?  And who gets to decide?  A recent decision from the Southern District of New York touched on these questions in the context of an implausible consumer class action—though the court ultimately didn’t...more

Bradley Arant Boult Cummings LLP

Key Takeaways from the 2022 FDA Food Code

In the waning days of 2022, FDA issued an updated Food Code with several important updates. FDA is responsible for more than a quarter of the U.S. economy, and the Food Code impacts virtually every American. Originally...more

Hogan Lovells

FDA to test front of pack nutrition labeling schemes through consumer research

Hogan Lovells on

The U.S. Food and Drug Administration (FDA) continues to explore the development of a standardized front of package (FOP) nutrition labeling scheme by conducting consumer research....more

Sheppard Mullin Richter & Hampton LLP

Comment Period for “Healthy” Regulations Extended; But Consumer Class Actions Targeting “Health Halos” May Continue

The U.S. Food and Drug Administration (FDA) has extended the comment period for its proposed new “healthy” regulations for food packaging. The new deadline for comments is February 16, 2023. The 50-day extension follows...more

Arnall Golden Gregory LLP

What is “Healthy Food”? FDA May Know the Answer

On September 28, 2022, the U.S. Food and Drug Administration issued a Proposed Rule to revise the criteria for when foods can be labeled with the nutrient content claim “healthy.” Since 1994, FDA has recognized that when a...more

Venable LLP

[Webinar] 2022 in Review and Preparing for 2023 at the FDA - December 14th, 2:00 pm - 2:30 pm ET

Venable LLP on

Join us on December 14 for a webinar providing a 2022 FDA year-in-review, with a crystal ball look into 2023. Venable Partners Claudia Lewis and Todd Harrison will discuss myriad topics, including a recap of major issues...more

Alston & Bird

Food & Beverage Digest – November 2022: Home of Minty Fresh Class Actions

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In the November edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, kombucha creates a buzz, some purported smoked cheese...more

Jones Day

FDA Proposes Updated Definition of "Healthy" Claim for Food; Seeks Comment

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In Short - The Situation: To conform with current nutrition science and federal dietary guidance, the U.S. Food and Drug Administration ("FDA") has proposed updated criteria for when food labels can bear what the FDA...more

Foster Garvey PC

Proposed Rule on “Healthy” Labeling

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Here is what you need to know about the FDA's recent proposed rule on "healthy" labeling. - On September 29, 2022, FDA proposed an amendment to the existing regulation (21 CFR § 101.65) on when “healthy” or similar terms...more

Jones Day

FDA Proposes Updated Definition of "Healthy" Claim for Food

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The U.S. Food and Drug Administration ("FDA") responds to the Dietary Guidelines for Americans, 2020-2025 directive to "make every bite count" by proposing significant revisions to the implied nutrient content claim....more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update - October 2022 #2

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

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