News & Analysis as of

Food Labeling

The Last Straw: Northern District of New York Chucks “Garden Veggie Straws” Case

On April 17, 2018, the Northern District of New York dismissed a false advertising case against the Hain Celestial Group, Inc. based on the allegedly misleading packaging of Hain’s “Garden Veggie Straws.” Solak v. Hain...more

FDA Extends Date for Compliance with New Nutrition Facts Label; Menu Labeling Rules Take Effect

The FDA has extended the date for compliance with the Nutrition Facts and Supplement Facts Label and Serving Size final rules. As we previously reported, the rules were finalized in May 2016 and initially set a general...more

USDA Publishes Proposed GMO Labeling Regulations

by McDermott Will & Emery on

The Agricultural Marketing Service of the US Department of Agriculture (USDA) recently published a proposed rule containing regulations to implement the National Bioengineered Food Disclosure Standard mandated by Congress in...more

The U.S. is one step closer to GMO food labeling

by Thompson Coburn LLP on

The USDA published long-awaited proposed rules for the National Bioengineered Food Disclosure Standard. Here’s what food companies need to know. On May 4, 2018, the USDA’s Agricultural Marketing Services (AMS) published a...more

Developments Related to the Compliance Date for FDA’s Final Determination on the GRAS Status of Partially Hydrogenated Oils

by Hogan Lovells on

As the June 18, 2018 compliance date for the Food and Drug Administration’s (FDA’s) final determination that partially hydrogenated oils (PHOs) are no longer generally recognized as safe (GRAS) approaches, the food industry...more

Food & Beverage Litigation Update | May 2018 #2

FDA Issues Supplemental Guidance for Menu Nutrition Labels - The U.S. Food and Drug Administration (FDA) has announced the availability of “Menu Labeling: Supplemental Guidance for Industry,” which includes an advisory of...more

PC Food Litigation Index: April 2018

by Perkins Coie on

Each month we will be sharing the PC Food Litigation Index, a summary of latest class action filings in the food and beverage industry. This data is compiled by Perkins Coie based on a review of dockets from courts...more

Don’t Cry Over Spilt – Organic – Milk

by Thompson Coburn LLP on

The federal district court for the Northern District of California recently dismissed a putative class action lawsuit, which alleged that Horizon Organic milk containing “DHA” violated California’s unlawful and unfair...more

USDA Announces Proposed Rule for Bioengineered Food Disclosures

by Baker Donelson on

On May 4, 2018, the United States Department of Agriculture (USDA) published a long-awaited proposed rule that would require food manufacturers and other entities that label foods for retail sale to disclose information about...more

USDA’s AMS Issues Proposed Rule on National Bioengineered Food Disclosure Standard

by Hogan Lovells on

On May 3, the U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) issued its proposed rule implementing the National Bioengineered Food Disclosure Standard (NBFDS) passed by Congress in July 2016....more

FDA Officially Extends Deadline to Comply With Nutrition Facts Panel Regulation

by Faegre Baker Daniels on

The U.S. Food & Drug Administration announced on May 3, 2018, that it would officially extend the deadline for food manufacturers to comply with the new nutrition facts panel regulation. The agency had previously published a...more

Industry Insights: GMO Labeling Update

by Perkins Coie on

The USDA and the Agricultural Marketing Service (AMS) have set forth the National Bioengineered Food Disclosure Standard (“the Rule”) for labeling food products that have been genetically modified. The Rule requires food...more

USDA Releases Long-Awaited Bioengineered Labeling Disclosure Rule

by Morgan Lewis on

The US Department of Agriculture, through its Agricultural Marketing Service, released its highly anticipated rule proposing a nationwide labeling requirement for foods containing bioengineered ingredients, also known as...more

Food & Beverage Litigation Update | May 2018

USDA Releases Proposed Bioengineered Ingredients Standard - The Agricultural Marketing Service (AMS) of the U.S. Department of Agriculture (USDA) has released the proposed National Bioengineered Food Disclosure Standard,...more

FDA Finalizes Extension of Compliance Date for Nutrition Labeling Final Rules

by Hogan Lovells on

The Food and Drug Administration (FDA) has issued a final rule extending the compliance date for the final rules revising the requirements for the nutrition and supplement facts labels and the declared serving sizes and...more

National Bioengineered Food Disclosure Standard rules publish May 4: Ties to patent protection and gene editing

National Bioengineered Food Disclosure Standard rules publish May 4: Ties to patent protection and gene editing - In 2016 Congress passed an amendment to the Agricultural Marketing Act of 1946 to establish a national...more

FDA Extends Compliance Date for Updated Nutrition Facts Label

by McDermott Will & Emery on

The Food and Drug Administration (FDA) is extending the compliance dates for updating the familiar Nutrition Facts labels, from July 26, 2018 to January 1, 2020, for manufacturers with $10 million or more in annual food...more

FDA Final Rule Extends Labeling and Serving Size Compliance by 18 Months

by Baker Donelson on

On May 3, 2018, the United States Food and Drug Administration (FDA) issued a final rule extending for 18 months the compliance dates for its previous final rules for Nutrition and Supplement Facts Labeling and Serving Sizes....more

Food & Ag Weekly Round-Up: May 2018 #1

by Husch Blackwell LLP on

The Business Times discussed northern Kansas wheat potential. Food Dive discussed a potential delay in GMO labeling rule. The Dallas News reported on United Airlines new pet travel rules....more

Diet Soda Lawsuit Fizzles Out

Recently, a plaintiff’s purported class action against Diet Dr. Pepper went flat when a California federal judge held that the term “Diet” alone on a soft drink label does not constitute a claim that the soft drink will...more

Food and Beverage News and Trends

by DLA Piper on

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape....more

Food & Beverage Litigation Update | April 2018 #5

France Bans Meat and Dairy Terms for Plant-Based Foods - The French Parliament has reportedly voted to prohibit the use of meat and dairy terms to describe plant-based substitutes such as vegetarian sausage or vegan bacon....more

Annual Report on the Food and Beverage Industry: Recent Trends and Outlook

by McGuireWoods LLP on

The food and beverage industry has experienced significant change in recent years. New technological developments are enhancing the way food producers track food safety issues, food-labeling remains a hot-button issue, and...more

Food & Beverage Litigation Update | April 2018 #4

The U.S. Government Accountability Office (GAO) has announced new food safety recommendations for managing the risk of arsenic in rice and efforts to reduce pathogens in meat and poultry products. Following a request to...more

Organic Baby Food for Thought: Second Circuit Holds that OFPA Certified Organic Product Labels Cannot Be Challenged as Misleading...

The Second Circuit recently affirmed the dismissal of a class action asserting state law claims that a manufacturer falsely advertised its baby formula as organic. In doing so, the appellate court agreed with the district...more

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