News & Analysis as of

Food Manufacturers

Perkins Coie

PC Food Litigation Index: November 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

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l December 2018

by Shook, Hardy & Bacon L.L.P. on

LEGISLATION, REGULATIONS & STANDARDS - USDA Redistributes Responsibilities Among Agencies - The U.S. Department of Agriculture (USDA) has reallocated responsibilities between its agencies, resulting in the elimination...more

Proskauer - Advertising Law

Second Circuit Affirms Dismissal of Truffle Kerfuffle

by Proskauer - Advertising Law on

Last year, we wrote about Jessani et al v. Monini North America, a case in the Southern District of New York in which the court dismissed as a matter of law plaintiffs’ complaint alleging that Monini falsely advertised its...more

Wilson Elser

Will Hemp-Derived CBD Be Fully Legal with Passage of the 2018 Farm Bill? Not Quite…

by Wilson Elser on

Public interest in the potential health benefits of CBD (cannabidiol) is responsible for a whole new market segment of health and wellness foods and supplements that features CBD as an ingredient. CBD is one of more than 100...more

Seyfarth Shaw LLP

CHIP CHIP HOORAY! California Adds Exemptions to Slack Fill Law

by Seyfarth Shaw LLP on

On September 19, 2017, Governor Jerry Brown signed into law AB 2632, which amends California’s slack fill law, and provides manufacturers, retailers, and consumers with greater clarity regarding the requirements for...more

Thompson Coburn LLP

USDA, FDA announce joint effort to regulate ‘cell-cultured food products’ from meat and poultry

by Thompson Coburn LLP on

For several months, the food and agriculture industries have speculated on how the federal government will regulate the process (and products) of cell-cultured animal cells. Last week, we got, at least, a partial answer....more

Orrick - IP Landscape

A Brie-f Tale Of Copyright And Cheese To Share At Thanksgiving Dinner

by Orrick - IP Landscape on

Opinion, Levola Hengelo BV v Smilde Foods BV, Case C-310/17 - In an unfortunate queso failed copyright claims, Levola Hengelo, a Dutch food processor of once Humboldt beginnings, has lost a court case in which it...more

Hogan Lovells

CJEU pokes holes in copyright protection for the taste of cheese

by Hogan Lovells on

This week, the European Court of Justice (CJEU) ruled that the taste of cheese does not enjoy any copyright protection (C-310/17)....more

Wilson Elser

What’s up on Prop 65 three months after new regulations?

by Wilson Elser on

By now, followers of California’s Proposition 65 are well aware of the August 30, 2018, changes. In a nutshell, they are: • Changes to warnings that require inclusion of a specific chemical and potential harmful result of...more

Dentons

Competition Newsletter October/November 2018

by Dentons on

The European Commission fined four consumer electronics manufacturers for fixing online resale prices - On July 24, 2016, the European Commission imposed fines totaling €111 million on Asus, Denon & Marantz, Philips and...more

Hogan Lovells

OMB Releases Fall 2018 Unified Agenda of Regulatory Actions

by Hogan Lovells on

The Office of Management and Budget (OMB) recently released the Fall 2018 Unified Agenda of Regulatory Actions, which outlines the rulemaking actions currently under development in each federal agency. This memorandum...more

BakerHostetler

BakerHostetler FDA and Pharmacy Weekly Digest - November 2018 #2

by BakerHostetler on

Food/Dietary Supplements - FDA Releases Report on Food-borne Illness – The FDA issued a report on the prevalence of food-borne illness risk factors in fast-food and full-service restaurants. ...more

Hogan Lovells

FDA Issues Final Guidance on Mandatory Recall Authority under FSMA

by Hogan Lovells on

The Food and Drug Administration (FDA) recently issued final Guidance regarding its mandatory recall authority, which was granted to FDA by the FDA Food Safety Modernization Act (FSMA). Together with the release of this...more

Bryan Cave Leighton Paisner

FDA Provides Guidance for New Nutrition and Supplement Facts Labels

by Bryan Cave Leighton Paisner on

On November 5, the FDA released non-binding guidance intended to answer questions related to Nutrition Facts and Supplement Facts Label and Serving Size final rules. As we previously reported, the rules were finalized in May...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | November 2018 #2

by Shook, Hardy & Bacon L.L.P. on

LEGISLATION, REGULATIONS & STANDARDS - Ban on SSB Taxes Passes in Washington, Fails in Oregon - Washington voters have reportedly approved a ballot measure that will prevent the state legislature from implementing a tax...more

Perkins Coie

PC Food Litigation Index: October 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

Dorsey & Whitney LLP

The Hammer Revealed: Mandatory Recall Authority Under The Food Safety Modernization Act

by Dorsey & Whitney LLP on

The Food Safety Modernization Act (FSMA) overhauled the nation’s food safety systems for the first time in over a generation. Among other changes, the food safety law gave the Federal Food and Drug Administration (FDA)...more

Thompson Coburn LLP

California legislature seeks to narrow 'slack-fill' packaging claims

by Thompson Coburn LLP on

As we have been reporting, food-product makers have been the subject of various types of unfair advertising or competition claims, including those based upon the assertion that a product packaging contains too much empty...more

Hodgson Russ LLP

FDA Issues Draft Guidance For Farmers And Food Processors Under The Food Safety Modernization Act

by Hodgson Russ LLP on

In late October, the FDA released two draft guidance documents intended to help farmers and food processors comply with the Food Safety Modernization Act. The Food Safety Modernization Act, enacted in 2011, provides the FDA...more

Perkins Coie

Industry Insights: The New Nutrition Facts Panel

by Perkins Coie on

The Food and Drug Administration (FDA) is implementing changes to the Nutrition Facts Panel for food and beverage labels. Manufacturers are required to comply with the new requirements by January 1, 2020, although...more

Thompson Coburn LLP

Labeling of meat at ‘steak’ in constitutional challenge to Missouri law

by Thompson Coburn LLP on

On the day Missouri’s former governor Eric Greitens resigned from office, he signed legislation making it a misdemeanor to sell a product represented as “meat that is not derived from harvested production livestock or...more

Downey Brand LLP

OEHHA Proposes Amendments to Prop. 65 Reproductive Toxicity Sampling Requirements for Food Products; New Prop. 65 Regulations for...

by Downey Brand LLP on

Last month, the Office of Environmental Health Hazard Assessment (OEHHA) proposed amendments to clarify Proposition 65 reproductive toxicity sampling requirements for food products. California’s Proposition 65, also known as...more

Manatt, Phelps & Phillips, LLP

Not Easy Being Green Chef in ERSP Challenge

Resolving an anonymous competitor challenge, the Electronic Retailing Self-Regulation Program (ERSP) recommended that Green Chef, Inc., modify or discontinue certain claims for its meal delivery service....more

Thompson Coburn LLP

FDA puts liquid nitrogen use on ice in new Food Code interpretation

by Thompson Coburn LLP on

The U.S. Food and Drug Administration took an unusual step on October 31 by issuing an interpretation of the Food Code regarding the use of liquid nitrogen and dry ice in preparation of food in retail and food service...more

Hogan Lovells

Has the General Court let the genie out of the bottle with its latest judgment on shape marks?

by Hogan Lovells on

The General Court has recently decided an interesting case concerning the distinctiveness of a shape mark ....more

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JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

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Collection of Information

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We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

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How is your information shared?

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How We Protect Your Information

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Children's Information

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Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
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You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

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How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

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There are different types of cookies and other technologies used our Website, notably:

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JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
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Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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