News & Analysis as of

Food Manufacturers

Grapegrowing and FSMA Compliance

As of 2018, winegrape growers are now required to adhere to the burdensome requirements of the Food Safety Modernization Act (FSMA) Produce Safety Rule when selling winegrapes to wineries for processing. However, most...more

California’s Cage-Free Eggs Law Faces Supreme Court Challenge By Other States

by Bryan Cave on

Briefing is now complete in a lawsuit filed by more than a dozen states asking the United States Supreme Court to block a California law requiring any eggs sold within the state to come from chickens that have sufficient...more

SUMO CITRUS — Sign of Super-Sized Flavor?

While many other places in the country are enjoying signs of spring, here in the Twin Cities, we’re hanging on to the white stuff, for a while longer; we shoveled 22 inches worth this past weekend! There’s something about...more

What To Prepare For Dinner At Home - A Salad? An Omelet? Maybe Not When E. Coli & Salmonella Is At Risk

by Selman Breitman LLP on

Two East Coast Companies Announce Food Recalls - Thinking about fixing a salad at home today using that ready-to-eat salad mix you bought at the grocery store? If so, and you live in Indiana, Ohio, Pennsylvania or West...more

States Regulating PFAS in Food Packaging: What You Need to Know Now

by Pepper Hamilton LLP on

Last month, Washington state enacted a new law, making it the first in the country to ban the use of perfluoroalkyl and polyfluoroalkyl substances, or "PFAS,” in food packaging....more

Food Packaging Alert: Increasing State Scrutiny of PFAs, BPA and BPS

by Alston & Bird on

Washington recently passed legislation that will examine and possibly lead to a ban on perfluorinated chemicals (PFAs) in food packaging. Under Washington’s Healthy Food Packaging Act (H.B. 2658/S.B. 6396), which takes...more

No Such Thing as Simple Food Labeling: Changes Ahead in 2018

by Morgan Lewis on

Significant statutory and regulatory changes are on the horizon this year in the world of food labeling as regulators and lawmakers introduce rules that can potentially impact the food industry and its compliance obligations....more

Water Reclamation: U.S. Poultry & Egg Association Video Featuring Tyson Foods, Russellville, Arkansas

The U.S. Poultry & Egg Association announced the second video in a series that they state highlights companies with exemplary performance at water reclamation facilities serving the poultry industry. The Tyson Foods...more

California Judge Rules Against the Coffee Industry in Notable Acrylamide Proposition 65 Case

by Hogan Lovells on

Food companies and retailers doing business in California should take note of the recent proposed statement of decision in the case challenging the coffee industry’s failure to warn of the presence of acrylamide in coffee...more

Rules of Origin: a 'hidden hard Brexit' for the UK food industry?

by Hogan Lovells on

The Food and Drink Federation (“FDF“) has published a report on the potential impact of rules of origin on UK food and drink exporters in the likely event that the UK ceases to be part of the EU customs union after Brexit....more

USDA Accepting Public Comments on “Clean Meat” Labeling Petition

by Beveridge & Diamond PC on

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

Cutting Some Slack? How to Avoid Slack Fill Litigation

by Baker Donelson on

Most food and consumer products companies are well aware of the rising tide in "slack fill" (the empty space between a product and its packaging) litigation. A claim goes something like this: a consumer – or, more...more

PC Food Litigation Index: March 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

Is the "Food Court" Closing?

by Foley & Lardner LLP on

For years the United States District Court for the Northern District of California has been known as the “Food Court.” It acquired the name because both plaintiffs and defendants viewed it as pro-plaintiff in class action...more

Washington Bans PFAs in Food Packaging

by Bryan Cave on

Washington has signed into law the Healthy Food Packaging Act (H.B. 2658/S.B. 6396), making the state the first in the country to ban perfluorinated chemicals (PFAs) in food packaging. If the Washington’s Department of...more

Snack Bar Class Action is KIND-ly Stayed Pending USDA Regulation on Bioengineered Food

Earlier this month, Judge William H. Pauley III in the Southern District of New York stayed a lawsuit against the snack bar maker KIND LLC, styled as a class action, alleging that KIND falsely marketed its products as “all...more

New rules coming for GMO food labeling

by Thompson Coburn LLP on

Facing a consumer fraud lawsuit based on your product’s “non-GMO” or “GMO-free” labeling? The USDA’s forthcoming rules on the National Bioengineered Food Disclosure Standard may impact your defense....more

FSMA Implementation Update (March 2018)

by Hogan Lovells on

There have been several recent developments regarding implementation of the FDA Food Safety Modernization Act (FSMA). The below post summarizes the following topics: - Guidance on application of the Foreign Supplier...more

Food & Beverage Litigation Update | March 2018 #4

Washington Bans PFAs in Food Packaging - Washington Governor Jay Inslee has signed into law the Healthy Food Packaging Act (H.B. 2658/S.B. 6396), making the state the first in the country to ban perfluorinated chemicals...more

Food and Beverage News and Trends

by DLA Piper on

Judge appears to cast doubt on the case against glyphosate. March 14 was the final day of testimony in a hearing before Judge Vince Chhabria of the US District Court for the Northern District of California centering on...more

FDA Publishes List of FSVP Importers Under FSMA

by Hogan Lovells on

The Food and Drug Administration (FDA) recently posted a document on its website that lists all importers that have been identified at entry in connection with the Foreign Supplier Verification Programs (FSVP) regulation....more

California Considers Regulating Food Packaging Under Green Chemistry Initiative

by Bryan Cave on

As part of its Green Chemistry Initiative and the Safer Consumer Products (SCP) implementing regulations, California’s Department of Toxic Substances Control (DTSC) has released its Draft Three Year Priority Product Work Plan...more

Citizens Group Advocates Certain Limitations on Definitions of ‘Beef’ and ‘Meat’

by Morgan Lewis on

A petition submitted to the Food Safety and Inspection Services requests that products not “derived from animals born, raised, and harvested in the traditional manner” be excluded from the definitions of beef and meat,...more

Don’t Bite Off More Than You Can Chew: Considerations When Negotiating Food Transportation Contracts

by Benesch on

There exists some confusion among entities covered by the Sanitary Transportation of Human and Animal Food regulations, found at 21 C.F.R. § 1.900 et seq. and published April 6, 2016 (STF Rules), as to their respective...more

InterConnect - Winter 2018

by Benesch on

We have found that more and more of our clients are involved in e-commerce fulfillment, distribution and last-mile services. We handle sophisticated issues in this sector every single day, including drafting and negotiating...more

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