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Food Manufacturers

Food & Ag Weekly Round-Up: January 2018 #3

by Husch Blackwell LLP on

- Food Dive discussed 2018 grocery tech trends. - Business Insider discussed McDonald’s sustainability efforts....more

Ag-Gag Law Update

by Husch Blackwell LLP on

On June 22, 2017, September 15, 2017 and October 12, 2017, we blogged about so-called ag-gag laws, laws designed to prevent investigative journalism about producers of food. These laws raise serious First Amendment questions...more

Food, Dietary Supplement & Cosmetics Update | Vol. V, Issue 1

by Jones Day on

Top News - FDA Announces Intention to Not Enforce Certain FSMA Final Rules Provisions - On January 4, 2018, the U.S. Food and Drug Administration ("FDA") issued a guidance announcing that it does not intend to enforce...more

Food & Beverage Litigation Update | January 2018

FDA Announces Intent Not to Enforce Portions of FSMA - The U.S. Food and Drug Administration (FDA) has announced it will not enforce certain provisions of the Food Safety Modernization Act (FSMA) because the agency needs...more

Food & Ag Weekly Round-Up: January 2018 #2

by Husch Blackwell LLP on

Food Safety News discussed new FDA FSMA guidance. - BioPortfolio discussed the Soulfull Project’s efforts to combat food insecurity....more

Can the ingredient list defense work? Look for ambiguity, invoke common sense

by Thompson Coburn LLP on

When faced with consumer litigation, food and beverage companies routinely point to the ingredient list in defense of front-of-package false advertising claims. The defense is essentially this: A false advertising claim based...more

Industry Coalition Obtains Preliminary Injunction Against Enforcement of North Dakota Dealer Statute

by Foley & Lardner LLP on

On December 14, 2017, the U.S. District Court in Bismarck, North Dakota issued a preliminary injunction preventing the enforcement of recently enacted amendments to the North Dakota Farm Equipment Dealership Statute known as...more

Food and Beverage News and Trends - December 2017

by DLA Piper on

FDA terminates its food advisory committee. - The FDA announced December 12 that it will discontinue its Food Advisory Committee, effective immediately. The agency said the committee, established in 1992, had held only a...more

Food Advertising And Compelled Commercial Speech In 2017

According to the Hyper-Chicken, a lawyer from my favorite television show, “freedom of speech applies to what comes out of a mouth, not what goes in.” State of Alabama v. Giant Space Iguana, 273 U.S. O (2976) (chewing corners...more

Prop. 65 Point-of-Sale Warnings Expiring for BPA in Food and Beverage Products

by Bryan Cave on

The California Proposition 65 regulation allowing a point-of-sale warning for bisphenol-A (BPA) in food and beverage products expires on December 30, 2017. After that date, retailers and manufacturers likely cannot rely on...more

The decision is in, and South Africa will soon tax the sugar content of beverages

by Hogan Lovells on

Following the 2016 budget speech during which the proposal to tax the sugar content of beverages was first tabled, and after 18 months of vigorous debate, the South African Parliament on Tuesday adopted the taxation of sugary...more

Public Hearing Set for Amended Overtime Statutes

Manufacturers who will be affected by the new changes to the overtime rules may be interested in attending a public hearing and/or providing public comment on the development of the Oregon Administrative Rules that BOLI will...more

Food and Beverage News and Trends

by DLA Piper on

FDA issues draft guidance on the creation of GRAS panels. The FDA has issued draft guidance on the best practices for a manufacturer to follow when convening a panel of experts to evaluate whether a substance is “generally...more

Food & Beverage Litigation Update | December 2017

Subway Sweepstakes Ads Lacked Adequate Disclosures, CARU Finds - After reviewing an ad for Subway’s “Fresh Fit for Kid’s Meal” featuring premium toys and offering a sweepstakes for a tablet, the Children’s Advertising...more

Food Litigation Trends: New and Undefined Label Claims in 2017

by Pepper Hamilton LLP on

Part 1: Current Trends and Ingredient Claims - Class-action lawsuits involving the false advertising of food products continue to be one of the most active areas in class litigation. Originally published in Update...more

Soy Vey! FDA May Revoke Soy’s Heart Health-Claim

by Reed Smith on

The FDA has called into question its health claim finding a link between consumption of soy protein and reduced risk of heart disease. Since 1999, the FDA has allowed manufacturers and advertisers to label soy products with...more

Food, Dietary Supplement & Cosmetics Update | Vol. IV, Issue 7

by Jones Day on

USDA Inspector General Recommends Reform of AMS Organic Program for Imports - The USDA Inspector General ("IG") reviewed the Agricultural Marketing Service's ("AMS") process used in determining whether exporting...more

IP in the Food & Beverage Industry

by Ladas & Parry LLP on

Snack foods, packaging and bottling equipment, recipes and restaurants are all part of one of the world’s largest industries. The food sector plays an essential role in the economies of many countries, accounting for multi...more

Will big beverage, Canadian legislation tilt U.S. closer to federal legalization?

by Thompson Coburn LLP on

On Oct. 30, 2017, Constellation Brands, a global Fortune 500 producer and marketer of beer, wine and spirits, announced a collaboration with Canopy Growth, a provider of medical cannabis products. The collaboration is...more

The USDA’s bioengineered food disclosure standard: Where are we now?

by Thompson Coburn LLP on

More than halfway through the two-year period Congress gave the U.S. Department of Agriculture to develop a disclosure standard and labeling procedures for bioengineered foods, the affected industries are still left with more...more

Food and Beverage News and Trends - November 2017

by DLA Piper on

FDA proposes revoking heart-health claim for soy protein. Citing "inconsistent findings" in research, the FDA announced October 30 that it is proposing to revoke its permission for companies to make a claim that soy...more

Genetically Modified – Naturally!

by Kelley Drye & Warren LLP on

On October 25, the U.S. District Court for the District of Massachusetts dismissed a consumer class action under Massachusetts law, contending that Wesson vegetable oil is falsely labeled “100% natural” because it allegedly...more

“Pink Slime” Lawsuit Spins Off into Insurance Dispute

by Akin Gump - Excubitor on

Earlier this year, ABC News, through its parent company, reached a midtrial settlement with Beef Products Inc. in the now infamous “pink slime” lawsuit. Under South Dakota food libel statutes, damages in the case could have...more

Risk Mitigation Strategies for Food and Beverage Companies: Five Prophylactic Measures

by Dorsey & Whitney LLP on

Each year, food, beverage and agribusiness companies pay millions of dollars in settlements, penalties and judgments to consumers allegedly harmed through the sale, advertisement and manufacture of their products. The legal...more

Food & Beverage Litigation Update | October 2017 #4

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

Furans in Baby Food May Pose Health Risk, EFSA Reports - The European Food Safety Authority (EFSA) has issued an assessment of the risks of furans and related compounds 2- and 3-methylfurans, concluding that they pose a...more

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