News & Analysis as of

Food Labeling Public Comment

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FDA Issues Draft Guidance on Naming and Voluntary Nutrient Statements for Plant-Based Milk Alternatives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On February 23, 2023, the Food and Drug Administration (FDA) announced the issuance of a draft guidance document entitled “Labeling of Plant-Based Milk Alternatives and Voluntary Nutrient Statements: Guidance for Industry.”...more

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

Hogan Lovells

FDA issues final and draft guidance on allergen labeling requirements

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On November 29, the U.S. Food and Drug Administration (FDA) issued two guidance documents about food allergen labeling requirements. First, FDA issued a draft guidance titled Questions and Answers Regarding Food Allergens,...more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

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

USDA issues final rule on sodium, whole grains, and fluid milk in school meals

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USDA recently issued a final rule establishing transitional nutrition standards for sodium, whole grains, and fluid milk in school meals. The new standards will take effect for the 2022-2023 and 2023-2024 school year. USDA...more

Beveridge & Diamond PC

USDA Opens Comment Period for Labeling Requirements for Cell-Cultured Meat and Poultry Products

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On September 3, 2021, the U.S. Department of Agriculture, Food Safety and Inspection Service (USDA-FSIS) opened a comment period in advance of a proposed rule on labeling requirements for meat and poultry products comprised...more

Ervin Cohen & Jessup LLP

USDA Solicits Public Comment on Labeling Meat and Poultry Products Derived from Animal Cells

On September 2, 2021, the U.S. Department of Agriculture’s Food Safety and Inspection Service (“FSIS”) published an advanced notice of proposed rulemaking to solicit comments from the public regarding the labeling of meat and...more

Foley Hoag LLP

USDA Seeks Comment on Cultured Meat and Poultry Labeling

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The Food Safety and Inspection Service (FSIS) of the U.S. Department of Agriculture (USDA) recently published an advanced notice of proposed rulemaking (ANPR) seeking public comment pertaining to the labeling of meat and...more

Ervin Cohen & Jessup LLP

McCormick Poised to Settle “Natural” Spices Case for $3 Million

Parties in another false advertising case surrounding the use of the term “natural” have filed for preliminary approval of a class action settlement. On May 7, 2021, the plaintiff in Megan Holve v. McCormick & Company, Inc.,...more

Wiley Rein LLP

Labeling of Foods Comprised of or Containing Cultured Seafood Cells: FDA Requests Public Comment

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The U.S. Food and Drug Administration (FDA) published a request for information in the Federal Register in connection with labeling of foods made with cultured seafood cells. FDA will use the information received to decide...more

Downey Brand LLP

Proposition 65 Notices of the Month – July 2020: Notices Decline for Acrylamide in Snack Foods; Chocolate, Canned Goods, Dietary...

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In July, citizen plaintiff enforcers of California’s Proposition 65 (“Prop. 65”) continued to send hundreds of 60-Day Notices of Violation (“Notices”), as they have during each month of 2020. These Notices challenge the...more

Seyfarth Shaw LLP

FDA Issues Nutrition-Labeling Guidance in Response to the COVID-19 Pandemic

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FDA recently issued two nutrition-labeling guidance documents intended to provide restaurants and food manufacturers flexibility during the public health emergency declared by the Department of Health and Human Services.  ...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l November 2019 #2

LEGISLATION, REGULATIONS & STANDARDS - USDA Receives Hundreds Of Comments On Hemp Interim Rule - Two weeks after opening a comment period on an interim final rule on hemp farming, the U.S. Department of Agriculture...more

Foley & Lardner LLP

Aggressive Projected Labeling Rules for Pre-Packaged, Non-Alcoholic Food and Beverages in Mexico Open for Comment

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On October 11, 2019, Mexico released the project to modify the mandatory “Official Mexican Standard NOM-051-SCFI/SSA1-2010, General Labeling Specifications for Pre-packaged, Non-alcoholic Foodstuffs and Beverages. Commercial...more

Holland & Knight LLP

Mexico's New Nutritional Labeling and Consumer Information Requirements Open for Comments

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International treaties such as the Agreement on Technical Barriers to Trade (TBT) recognize labeling as a common tool used by governments to protect human health. Considering that Mexico faces important rates of mortality...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l July 2019 #3

LEGISLATION, REGULATIONS & STANDARDS - AGs Submit Comment to FDA on Cannabis - A group of 38 state attorneys general have submitted a letter to the U.S. Food and Drug Administration (FDA) in response to the agency’s...more

Hogan Lovells

FSIS Issues Compliance Guideline on Kit Labeling

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Recently, FSIS issued its long-awaited guidance on the labeling and packaging of “kit” products. Although FSIS has long informally applied its “kit policy,” this FSIS Compliance Guideline marks the first public guidance that...more

Holland & Knight LLP

Food and Beverage Law Update: December 2018

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Regulation - FDA-USDA Propose Joint Regulatory Framework for Cell-Grown Meat - On Nov. 16, 2018, the U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture (USDA) issued a joint statement...more

Holland & Knight LLP

Food and Beverage Law Update: September 2018

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Labor and Employment - Jimmy John's Avoids Joint-Employer Finding in Worker Overtime Litigation - In In re: Jimmy John's Overtime Litigation, 2018 WL 3231273 (N.D. Ill. June 14, 2018), a federal district court ruled that...more

Perkins Coie

Industry Insights: GMO Labeling Update

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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

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | April 2018#3

Agriculture Committee Introduces 2018 Farm Bill - The U.S. House of Representatives’ Agriculture Committee has introduced the Agriculture and Nutrition Act of 2018 (Farm Bill). ...more

Beveridge & Diamond PC

USDA Accepting Public Comments on “Clean Meat” Labeling Petition

On February 8, 2018, the United States Cattlemen’s Association (USCA) filed a petition with the United States Department of Agriculture (USDA) requesting that the Agency establish a food labeling requirement that the term...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | March 2018 #2

US, EU Near Agreement on Shellfish Trade - The U.S. Food and Drug Administration (FDA) has proposed to allow the import of raw bivalve molluscan shellfish—including clams, mussels, oysters and scallops—harvested in the...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | March 2018

GMA Conference Panels Explore Trends in Class Actions, Organic Production - Litigation, increasing online grocery shopping and consumer concerns regarding product ingredients were hot topics at the 2018 Grocery...more

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