News & Analysis as of

Food Labeling Coronavirus/COVID-19

BCLP

Year in Review: 2021 Food, Beverage & Supplement Litigation Round-Up

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Federal Made in U.S.A. Rule - In June 2021, the Federal Trade Commission (FTC) adopted its final rule for using “Made in U.S.A.” or any variation of that statement, including the U.S. flag. While this rule imposes no new...more

Holland & Knight LLP

Food and Beverage Law Update: April 2022

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In Thornton v. Tyson Foods, Inc., No. 20-2124, 2022 WL 727628 (10th Cir. March 11, 2022), a consumer who purchased beef from retail stores filed a class action complaint against meat processors, alleging that their "Product...more

Alston & Bird

Class Action & MDL Roundup – Fall 2021

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In the fall edition of the Class Action & MDL Roundup, covering notable class actions from the third quarter of 2021, a marriage nearly tears apart a certified class, insurers are vaccinated against more COVID-19 suits, and...more

Holland & Knight LLP

Food and Beverage Law Update: July 2021

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"The overwhelming majority of courts have concluded that neither COVID-19 nor the governmental orders associated with it cause or constitute property loss or damage for purposes of insurance coverage." So concluded the...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Manuka Honey and Waterslides

This week, we take a look at a decision addressing what a “reasonable” consumer will know in purchasing a product (and distinguishing the Seventh Circuit in the process), and at another assessing the legality of Washington’s...more

Skadden, Arps, Slate, Meagher & Flom LLP

Food and Beverage Labeling Litigation: Recent Trends

The food and beverage industries introduced numerous technologies and products over the past year and a half that have raised new questions about advertising practices and presented novel legal issues regarding how goods are...more

BakerHostetler

AD-ttorneys@law – May 2021 #2

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BakerHostetler 2021 Data Security Incident Response Report – Disruption and Transformation - The report provides risk mitigation and compromise response intelligence from more than 1,250 data security incidents the firm...more

Holland & Knight LLP

Food and Beverage Law Update: March 2021

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Insurers have prevailed in several lawsuits filed by restaurants in connection with losses related to COVID-19. For example, in Emerald Coast Restaurants, Inc. v. Aspen Specialty Ins. Co., No. 3:20cv5898-TKW-HTC, 2020 WL...more

BCLP

Year In Review: 2020 Food, Beverage & Supplement Litigation Round-Up

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FDA Issues Finalized Rule on How Gluten-Free Fermented and Hydrolyzed Foods are Labeled - On August 12, 2020, the FDA issued a final rule, known as “Gluten-Free Labeling of Fermented or Hydrolyzed Foods,” which...more

Proskauer - Advertising Law

Key 2020 Decisions from the NAD and NARB

Now that 2020 is in the rearview mirror (*collective sigh of relief*), we wanted to share our perspective on notable decisions and trends from this past year at the National Advertising Division and the advertising...more

Proskauer Rose LLP

Proskauer on Advertising Law: Key 2020 Decisions from the NAD and NARB

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Now that 2020 is in the rearview mirror (*collective sigh of relief*), we wanted to share our perspective on notable decisions and trends from this past year at the National Advertising Division and the advertising...more

Perkins Coie

The Food & Beverage Industry and the COVID-19 Pandemic

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The global pandemic has affected not only how individuals work but also the way companies supply food, how consumers shop, and how regulators try to alleviate food shortages during the pandemic. Here are some of the biggest...more

Dorsey & Whitney LLP

#AdLaw - A Quick Wrap-Up From The 2020 ANA/BAA Marketing Law Conference

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Last week we quickly pivoted from watching the 24/7 “Map Show” to spending our screen time learning at the ANA 2020 Marketing Law Conference. It was a great three days in Chicago in our pajamas of educational seminars....more

Holland & Knight LLP

Food and Beverage Law Update: October 2020

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More than six months into the pandemic, there is still no easy or definitive answer to the question many retailers are asking about whether there is coverage for their business interruption losses related to COVID-19....more

BakerHostetler

FDA and Pharmacy Weekly Digest - August 2020 #1

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Food - FDA Released Final Rule on Gluten-Free Labeling – The final rule establishes compliance requirements for fermented and hydrolyzed foods, or foods that contain fermented or hydrolyzed ingredients, that use the...more

Foley & Lardner LLP

COVID-19 Food & Beverage Regulatory Updates

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The U.S. Food and Drug Administration (“FDA”) in March 2020 temporarily halted its domestic inspection program amid the coronavirus disease (COVID-19) pandemic. During this time, FDA continued to use other tools, including...more

Perkins Coie

PC Food Litigation Index: Q2 2020

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The Second Quarter of 2020 has demonstrated increased filings in the food litigation space. Amidst reduced court operations and a significant decrease to general commercial litigation filings attributable to the COVID-19...more

Downey Brand LLP

Proposition 65 Notices of the Month – June 2020: Over 70 Seafood Products, Chips, Pretzels, Bread, Popcorn, Cookies, Dietary...

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The COVID-19 world continues. And so does the world of California’s Proposition 65 (“Prop. 65”). Citizen Plaintiff groups have sent hundreds of 60-Day Notices of Violation (“Notices”) during each month of the pandemic,...more

Downey Brand LLP

Prop. 65 Food Notices Abundant During COVID-19

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The COVID-19 pandemic, shelter-in-place orders and associated California court closures are all unprecedented events in the lives of Californians. None of these events, however, slowed Proposition 65 plaintiff groups, who...more

Ervin Cohen & Jessup LLP

FDA Permits Temporary Flexible Food Labeling

Food manufacturers are playing a crucial role during the COVID-19 crisis by supporting various essential businesses and keeping products on the shelves for consumers. The pandemic has disrupted their day-to-day operations and...more

Polsinelli

Temporary Food Labeling Policies in Light of the COVID-19 Pandemic

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In the wake of the COVID-19 pandemic in the United States, the U.S. Food and Drug Administration in March relaxed its labeling requirements for food manufacturers and restaurants to aid the distribution and sale of food...more

Downey Brand LLP

Proposition 65 Notices of the Month – May 2020: Seafood, Waffles, Nut Products, Canned Goods, and Boxing Gloves Targeted by...

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California Proposition 65: Trends and Highlights in May 2020 - As COVID-19, shelter-in-place orders and California Court closures continued into May, Proposition 65 (“Prop. 65”) Plaintiffs likewise continued to be...more

Kilpatrick

Key Takeaways - Where’s the Beef? Food Supply Chain Innovation and Revolution in the Wake of COVID-19

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Kilpatrick Townsend recently hosted a discussion on the tangible ways the food & beverage industry can not only survive but thrive during the time of COVID-19. Ensuring a healthy food industry supply chain is vital as we cope...more

Hogan Lovells

COVID-19 Update: FDA Issues Guidance on Temporary Flexibility Policy Regarding Certain Labeling Requirements for Foods for Humans...

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On May 22, 2020, the U.S. Food and Drug Administration (FDA) announced two policies to provide temporary flexibility with respect to packaged foods formulation and labeling requirements during the COVID-19 pandemic. The...more

Faegre Drinker Biddle & Reath LLP

Food Labeling Requirements Relaxed for Supply Chain Disruptions During COVID-19

On May 22, 2020, the Food and Drug Administration (FDA) released Temporary Policy Regarding Certain Food Labeling Requirements During the COVID-19 Public Health Emergency: Minor Formulation Changes and Vending Machines to...more

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