News & Analysis as of

Food Labeling Retail Market Grocery Stores

Ervin Cohen & Jessup LLP

Ninth Circuit Upholds Dismissal of “Just Fruit” Lawsuit

On April 28, 2023, a panel of judges from the U.S. Court of Appeals for the Ninth Circuit upheld a lower court’s dismissal of a lawsuit against Kroger alleging that the company misleadingly labeled spreadable fruit products...more

Perkins Coie

On the Menu: Food Allergen Disclosures for Restaurants and Food Service

Perkins Coie on

Federal law already requires disclosure of the nine major food allergens on packaged food products: milk, eggs, fish, seafood, peanuts, tree nuts, wheat, soy, and sesame. However, businesses that sell unpackaged food at...more

Bilzin Sumberg

2021: Another Year of Vanilla Lawsuits

Bilzin Sumberg on

The uptick in product labeling lawsuits has been anything but vanilla in 2021. After the avalanche of lawsuits in 2019 and 2020 targeting products marketed as containing vanilla-flavoring were largely dismissed by federal...more

Proskauer - Advertising Law

Let it “Bee”: Ninth Circuit Affirms Dismissal of Trader Joe’s Manuka Honey Advertising Suit

A Ninth Circuit panel recently affirmed dismissal of a putative consumer class action alleging Trader Joe’s misleadingly labeled its store brand honey as “100% New Zealand Manuka Honey,” where plaintiffs’ pollen content...more

Polsinelli

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

Polsinelli on

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

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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 December 2019

LEGISLATION, REGULATIONS & STANDARDS - FDA Issues Warning Letters, Consumer Update On CBD, Sparking Litigation Against CBD Cos. - The U.S. Food and Drug Administration (FDA) has issued a consumer update on cannabidiol...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

Hogan Lovells

FDA Encourages “Best If Used By” Labeling to Describe Quality Dates

Hogan Lovells on

On May 23, the Food and Drug Administration (FDA) issued a letter to the food industry “strongly support[ing]” the use of “Best If Used By” labeling to describe the date when a food will be at its best flavor and quality. FDA...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | September 2018 #2

LEGISLATION, REGULATIONS & STANDARDS - FDA Provides Update on Antimicrobial Resistance - The U.S. Food and Drug Administration (FDA) has published Commissioner Scott Gottlieb’s September 14, 2018, remarks delivered at...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | July 2018

LEGISLATION, REGULATIONS & STANDARDS - California Bans New Soda Taxes - California Governor Jerry Brown has signed the Keep Groceries Affordable Act, a statute preventing local agencies in the state from imposing taxes...more

Seyfarth Shaw LLP

FDA Menu Labeling Rules Unfreeze

Seyfarth Shaw LLP on

Certain restaurants, grocers, and other food establishments will soon be required to comply with the Food and Drug Administration’s (“FDA”) menu labeling rules. The FDA previously finalized menu labeling rules in connection...more

Polsinelli

Five Common Questions on the New Menu Labeling Requirements

Polsinelli on

The U.S. Food and Drug Administration previously published a final rule on nutrition labeling of standard menu items in restaurants and similar food establishments. ...more

Shook, Hardy & Bacon L.L.P.

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

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

Saul Ewing LLP

Restaurants, Grocery Stores, and Convenience Stores Sue to Block New York City's Menu Labeling Rule

Saul Ewing LLP on

The U.S. Food and Drug Administration’s (FDA or the Agency) decision a couple of months ago to delay its Menu Labeling Rule until May 7, 2018 was met with mixed reactions from industry. While the National Association of...more

Seyfarth Shaw LLP

Hold That Order! FDA Freezes Menu Labeling Rules Until 2018

Seyfarth Shaw LLP on

The Food and Drug Administration (“FDA”) has extended the compliance date for its menu labeling rules just days before the final rules were set to take effect....more

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