News & Analysis as of

Food Labeling Preliminary Injunctions

Hogan Lovells

New Acrylamide Prop 65 lawsuits: preliminary injunction reinstated; proposed regulation disapproved

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Two significant decisions were recently issued regarding California’s Proposition 65 (Prop 65). First, the U.S. Court of Appeals for the Ninth Circuit reinstated a district court’s preliminary injunction halting new...more

Hogan Lovells

The Ninth Circuit Court stayed the Proposition 65 Acrylamide Preliminary Injunction

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We recently became aware of a 27 May 2021 opinion from the Ninth Circuit that “stayed” the preliminary injunction barring private parties from filing new lawsuits against businesses to enforce the Proposition 65 warning...more

Greenberg Glusker LLP

The Ever-Shifting Landscape of Prop 65 Acrylamide Regulation

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It has thus far been a noteworthy year for acrylamide, a Proposition 65-listed substance that naturally forms in the cooking and heating of many plant-based foods. Both the courts and the California Office of Environmental...more

Womble Bond Dickinson

The Perilous Seas of Prop 65: Safe Harbors Should Not Be Controversial

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Should companies be forced to label their products as containing chemicals “known” to cause cancer despite controversial scientific information? A federal court in California doesn’t think so. On March 29, the U.S. District...more

Benesch

Federal Judge Enjoins New Prop 65 Lawsuits for Acrylamide in Food: Requiring A Cancer Warning In the Face of Scientific...

Benesch on

On March 30, 2021, a California federal district court issued a preliminary injunction prohibiting anyone - including the California Attorney General - from filing or prosecuting any new lawsuit to enforce the Proposition 65...more

Downs Rachlin Martin PLLC

Major Development In Prop 65 Law: Federal Court Issues Injunction Against Any New Lawsuits Based On Acrylamide

In what is a major development in California's Proposition 65 jurisprudence, a California federal court has just issued an injunction that bars the filing of any new lawsuits against food and beverage companies whose products...more

Hogan Lovells

Preliminary injunction issued against new Proposition 65 lawsuits for acrylamide in food & beverage

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On 29 March 2021 the United States District Court for the Eastern District of California entered a significant ruling temporarily halting the filing of new lawsuits by the California Attorney General and anyone else related...more

Husch Blackwell LLP

Meatless Meat Update - UPDATED November 2020

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We have blogged on several occasions, most recently on June 4, 2020, about state laws attempting to shield traditional producers of meat and poultry from competition from producers of plant- and cell-based meat. These...more

Manatt, Phelps & Phillips, LLP

FTC Sends 45 Additional Warning Letters to Marketers Over Coronavirus Claims

On May 7, 2020, the Federal Trade Commission (FTC) sent an additional 45 warning letters to companies and individuals concerning allegedly unsubstantiated claims that their products can treat or prevent COVID-19. This is the...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l December 2019 #2

LEGISLATION, REGULATIONS & STANDARDS - Senate Confirms FDA Commissioner - The U.S. Senate has voted to confirm Stephen Hahn as the commissioner of the U.S. Food and Drug Administration (FDA). Hahn, an expert in...more

King & Spalding

“Traffic Light” Nutri-Score for Food – Unlawful Food Labeling in the EU?

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Manufacturers of food products need to meet the requirements of food laws and expectations of consumers, who are seeking more information about the healthfulness of food products. Many manufacturers are responding by...more

King & Spalding

False Advertising Claims in the U.S. – Even “Corny” Disputes Are No Laughing Matter

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A significant percentage of a company’s total budget may be spent on advertising and promotion. Commercials, social media campaigns, contests, billboards, print ads, and point-of-sale displays all take time to design,...more

Proskauer - Advertising Law

SDNY Judge Not Sweet on Dannon’s Bid for a Preliminary Injunction

In a battle of leading yogurt beverage makers, Chief Judge Colleen McMahon of the U.S. District Court for the Southern District of New York recently denied Dannon’s application for a preliminary injunction in its false...more

Proskauer - Advertising Law

San Francisco City Ordinance Takes a Hard Hit in Ninth Circuit Soft Drink Lawsuit

Can an en banc decision of a federal appellate court be controversial even when every single active judge of that court agrees with the outcome? The answer is emphatically yes, as confirmed by the Ninth Circuit’s January 31,...more

Holland & Knight LLP

Food and Beverage Law Update: December 2016

Holland & Knight LLP on

Overtime Rules Enjoined Nationwide - In State of Nev. v. U.S. Dep't of Labor Case No. 4:16-cv-00731-ALM, 2016 WL 6879615 (E.D. Tex. Nov. 22, 2016), a Texas district court enjoined nationwide the Department of Labor's...more

Foster Garvey PC

Please Don’t Pass the Salt (Labels): The Fight Over NYC’s Sodium Labeling Rule

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After surviving its first go-around in court, New York City’s attempt to require restaurateurs to add sodium warnings to their menus has hit a roadblock in the form of a temporary injunction....more

Morrison & Foerster LLP - Class Dismissed

Vermont GMO Food Labeling Law Challengers Seek Preliminary Injunction

In the court battle to have Vermont’s genetically modified organism (GMO) food labeling law (Act 120) overturned, plaintiff trade associations filed a motion for preliminary injunction on September 11, 2014, seeking to enjoin...more

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