News & Analysis as of

Food Manufacturers

Keller and Heckman LLP

August 2024 Bounty Hunter Plaintiff Claims

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Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More - California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things,...more

Fox Rothschild LLP

USDA Publishes New Guidelines on Meat and Poultry Labels:

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Imagine this: you’ve got a weekend BBQ lined up with friends, and you’re ready to impress with mouthwatering steaks and chicken wings. You head to the supermarket, excited to pick the best cuts, but as you browse the meat and...more

Husch Blackwell LLP

Preterm Infant Formula Litigation: Key Takeaways from Recent Jury Verdicts

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Inflated jury verdicts in the first two preterm infant formula cases tried in the country have raised significant concerns for manufacturers and the broader medical community. These cases not only spotlight the legal...more

K&L Gates LLP

Obtaining Clearances Through FDA's Food Contact Notification Program

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The US Food and Drug Administration’s (FDA) formal regulation of food packaging began in 1958 with the Food Additives Amendment to the Federal Food, Drug, and Cosmetic Act. Since that time, the FDA has employed various...more

Bergeson & Campbell, P.C.

House Subcommittee Will Hold Legislative Hearing on Evaluating FDA Human Foods and Tobacco Programs

On September 10, 2024, the House Energy and Commerce Subcommittee on Health will hold a legislative hearing on “Evaluating FDA Human Foods and Tobacco Programs.” According to the Committee’s September 3, 2024, hearing...more

Perkins Coie

USDA-FSIS Updates Substantiation Guideline for Animal-Raising and Environment-Related Claims

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On August 28, 2024, USDA’s Food Safety and Inspection Service (FSIS) released an updated Guideline on Substantiating Animal-Raising or Environment-Related Labeling Claims for meat and poultry product labeling. Animal-raising...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Osceola Cellulose Food...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Viskase Companies, Inc. (“VCI”) entered into a May 6th Consent Administrative Order (“CAO”) addressing an alleged violation of...more

DLA Piper

Food and Beverage News and Trends - August 2024

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This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal, and regulatory landscape. FDA rolls out Phase II of long-term sodium reduction plan. FDA has released new,...more

Bennett Jones LLP

Ontario Court of Appeal Affirms that Class Actions Cannot be Certified Without Evidence of Common Issues

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In Lilleyman v Bumble Bee Foods LLC, 2024 ONCA 606, the Ontario Court of Appeal affirmed the motion judge’s dismissal of certification for a class action alleging price-fixing of canned tuna. The Court unanimously affirmed...more

Foley & Lardner LLP

Yes, You Can Patent Food Products!

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Companies in the food and beverage industry might overlook significant advantages by not patenting their innovations. While there’s a common belief that “recipes” cannot be patented, unique formulations and other aspects of...more

Holland & Knight LLP

USDA Announces Proposed Rule Under Salmonella Framework for Raw Poultry Products

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The U.S. Department of Agriculture's (USDA) Food Safety and Inspection Service (FSIS) (collectively, the Agency) on Aug. 7, 2024, issued a proposed rule aimed at reducing Salmonella contamination in raw poultry products...more

Hogan Lovells

FDA Issues “Phase II” Draft Guidance on Voluntary Sodium Reduction Targets

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On August 15, 2024, the U.S. Food and Drug Administration (FDA) issued draft guidance with new, voluntary sodium reduction targets for foods, with the goal of reducing sodium intake to 2,750 milligrams (mg) per day from the...more

Keller and Heckman LLP

July 2024 Bounty Hunter Plaintiff Claims

Keller and Heckman LLP on

Exploring Trends in California’s Proposition 65: Claims, Chemicals, Products, and More - California’s Proposition 65 (“Prop. 65”), the Safe Drinking Water and Toxic Enforcement Act of 1986, requires, among other things,...more

Morgan Lewis - Well Done

The Horse Is Out of the Barn: FDA and AAFCO Memo of Understanding on Animal Feed Ingredients to Expire

The Association of American Feed Control Officials (AAFCO) and the US Food and Drug Administration (FDA) announced on August 2, 2024 that their long-standing Memorandum of Understanding (MOU) governing the development and...more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update | Issue 823

LEGISLATION, REGULATIONS & STANDARDS - Lawmakers Introduce Bill Banning Commercial Octopus Farming - A bipartisan group of U.S. senators has introduced a law that would ban commercial octopus farming in the United...more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update | Issue 825

LEGISLATION, REGULATIONS & STANDARDS - FDA Announces Draft Guidance for Sodium Reduction Efforts - The U.S. Food and Drug Administration (FDA) has issued draft guidance that would support reducing the average...more

Sheppard Mullin Richter & Hampton LLP

Ninth Circuit Issues Long-Awaited Montera Decision Applying New York General Business Law §§ 349 and 350, Confirming “Per...

In the world of class action lawsuits, damages calculations and whether or not prejudgment interest accrues can become high-stakes battlegrounds. These issues are highlighted in the recent Ninth Circuit decision in Montera v....more

Ankura

Premium Pet Food - Industry Snapshot

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The pet food industry has undergone significant evolution over the years, driven by changing consumer preferences, advances in nutrition science, and a growing awareness of the importance of pet health and wellness....more

Holland & Knight LLP

Court Decision Concerning "Boneless Chicken Wings" Ignites Political Firestorm in Ohio

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Readers with a keen memory of their law school torts class (or bar-exam review course) may have a recollection of rules applicable to personal injury claims arising from foreign or unexpected substances in food. Depending on...more

Bergeson & Campbell, P.C.

FDA Will Hold Meeting in September 2024 on Development of Enhanced Systematic Process for Post-Market Assessment of Chemicals in...

The U.S. Food and Drug Administration (FDA) announced on August 1, 2024, that it will hold a public meeting on September 25, 2024, on the development of an enhanced systematic process for its post-market assessment of...more

Bennett Jones LLP

Long Overdue Updates to Canada's Feed Regulations Now in Effect

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Canada's modernized Feeds Regulations, 2024 aim to enhance safety standards for food and animal feed while supporting Canadian producers. The regulations were published in the Canada Gazette Part II on July 3, 2024, and...more

Venable LLP

Food and Color Additives - Is the Patchwork Here?

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State legislatures are actively pursuing bans on food and color additives.  California’s landmark Food Safety Act (Act), effective January 2027, bans the manufacture and sale of products containing brominated vegetable oil...more

Perkins Coie

Midyear 2024 - Food and CPG Legal Trends

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PERKINS COIE IS PLEASED TO PUBLISH ITS MIDYEAR FOOD AND CPG LEGAL TRENDS REPORT. This report is a bite-size version of our annual year in review, providing timely insights on trends so far this year. In the first half of...more

Integral Consulting Inc.

Microplastics in our Meals: A Scientific Perspective

In light of the increasing reports highlighting the presence of micro- and nanoplastics (MNPs) in our food and beverages, it is essential for the scientific community and media to approach these findings with a balanced...more

Perkins Coie

FDA and FTC Issue Joint Warning Letters for Copycat Delta-8 THC Food Products

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The U.S. Food and Drug Administration (FDA) and the Federal Trade Commission (FTC) issued warning letters on July 16, 2024, to five companies for illegally selling and introducing into the market copycat food products...more

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