News & Analysis as of

Food Manufacturers Labeling

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

Sheppard Mullin Richter & Hampton LLP

What Must the Consumer Read on Product Packaging? The Answer is Anything but Black-and-White Following the Ninth Circuit’s...

The Ninth Circuit’s recent Whiteside decision complicates the question of when information on the back of a product’s packaging can be used to clarify information on the front of the packaging. As a result, the bar for using...more

Perkins Coie

Notable Ruling Roundup - July 2024 #2

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Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Candice Bradby v. Bimbo Bakeries USA, Inc., No. 1:23-cv-00522-LKG (D. Md. – April 12, 2024): The...more

Holland & Knight LLP

Ninth Circuit Holds That California Food-Labeling Law Is Not Preempted by Federal Law

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In 1990, Congress enacted the Nutrition Labeling and Education Act (NELA) as an amendment to the Food, Drug and Cosmetic Act (FDCA). Among other things, NELA 1) provided for modernization and standardization of the familiar...more

Perkins Coie

Weekly Notable Ruling Roundup - December 2023 #2

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Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. Carol Whyble, et al. v. The Nature’s Bounty Co., No. 7:20-cv-03257-NSR (S.D.N.Y.—October 31,...more

Perkins Coie

Weekly Notable Ruling Roundup - August 2023 #4

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Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. - Tara Amado v. The Procter & Gamble Co., No. 3:22-cv-05427-MMC (N.D. Cal. – June 8, 2023): The...more

Kelley Drye & Warren LLP

FDA Updates Draft CPG Regarding Major Food Allergen Labeling and Cross Contact: What Manufacturers and Food Retailers Should Do...

Earlier this week, FDA issued draft guidance for staff updating the agency’s existing enforcement policy regarding major food allergen labeling and cross-contact prevention. The updated guidance reflects the addition of...more

BakerHostetler

Folks Might Be Chicken to Using Green Seals After Reading This NAD Case

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Last week, we blogged about an environmental ESG NAD challenge brought by an advocacy group; this week features a blog about an animal welfare ESG NAD challenge also brought by an advocacy group. The challenge was...more

Butler Snow LLP

Organic Overhaul: USDA’s New Rule Beefs Up Organic Product Regulation for the First Time in Three Decades

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The USDA’s wide-sweeping regulatory update may affect your company, even if it is only a small ingredient in the multi-billion dollar organic foods supply chain.   On January 18, 2023, the USDA National Organic Program...more

Blake, Cassels & Graydon LLP

Nouvelles exigences concernant l’étiquetage sur le devant des aliments emballés

Le 20 juillet 2022, des modifications apportées au Règlement sur les aliments et drogues sont entrées en vigueur, introduisant du même coup un nouveau symbole nutritionnel pour les aliments préemballés. Faisant partie de la...more

Blake, Cassels & Graydon LLP

Front Page News: New Front-of-Package Food Labelling Requirements

On July 20, 2022, amendments to the Food and Drug Regulations came into effect, introducing a new nutrition symbol for prepackaged foods. Part of Health Canada’s Healthy Eating Strategy, these amendments will require the...more

Goodwin

California Finally Breaks From FDA On CBD: Governor Newsom Signs AB-45

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On October 6, 2021, California Governor Gavin Newsom signed AB-45, creating an explicit framework for the manufacture and sale of hemp-derivative products in the state of California. While hemp was legalized at the federal...more

Morgan Lewis - Well Done

Food Labeling Modernization Act Reintroduced in Congress

Congress on August 3 introduced the Food Labeling Modernization Act of 2021 (H.R. 4917 or 2021 Bill), a bill that proposes to amend the Federal Food, Drug, and Cosmetic Act (FFDCA) to improve requirements related to summary...more

Alston & Bird

Food & Beverage Digest – July 2021

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Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries. This month, something something memory...more

Alston & Bird

Food & Beverage Digest - April 2021

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Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries. This month, someone moved someone’s smoked...more

Perkins Coie

Recent Ruling: Ninth Circuit Rules that Dog Food Purchasers’ Class Certification Campaign Has No Bite

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Last week the Ninth Circuit concluded that a campaign for class certification brought by dog food purchasers was all bark and no bite. In a memorandum disposition issued on December 9, 2020, the Ninth Circuit affirmed the...more

Hogan Lovells

Rethinking recyclable packaging claims in an evolving litigation landscape

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Historically, neither food companies nor the plaintiffs’ bar have lost sleep over “recyclable” or “recycled content” claims. Over the past year, however, there has been increasing attention to and scrutiny of recyclable...more

Ervin Cohen & Jessup LLP

Will The FDA Enforce Its New Nutrition Labeling Rule? 

On September 18, 2020, the U.S. Food and Drug Administration announced additional flexibility for manufacturers to comply with the agency’s updated Nutrition and Supplement Facts labeling requirements. Those requirements go...more

American Conference Institute (ACI)

[Virtual Event] Dietary Supplements - June 23rd - 24th, 8:30 am - 3:45 pm EDT

Join key industry stakeholders to discuss the latest developments affecting the dietary supplement industry. Now in a Virtual Format. American Conference Institute (ACI) together with the Council for Responsible Nutrition...more

American Conference Institute (ACI)

[Webinar] What New Dietary Ingredient Master Files Mean for Innovation & Compliance - May 27th, 1:00 pm - 2:00 pm EST

FDA first raised the concept of Master Files for dietary supplements in its 2016 revised NDI Guidance. The agency views master files as a tool to promote better compliance with NDI notification requirements. Ingredient...more

Lathrop GPM

The Not So Sweet Side of Sugar-Based Labeling

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In the ever-evolving world of nutritional guidance, sugar is the new enemy. In the '70s, it was salt; in the '80s it was fat; in the '90s it was cholesterol; and now, it’s sugar. What this shift in the zeitgeist means for...more

Fox Rothschild LLP

Animal Welfare Labeling Can Be Litigation Trap For Farms, Food Industry And Restaurants

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Including animal care standards in advertising, on websites and in labeling is a growing trend among food-related businesses that can have unintended – and costly – consequences. Animal rights organizations pressure animal...more

McGuireWoods LLP

New Flavor of Labeling Lawsuits: Plaintiffs Allege False Vanilla Claims

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Those who work in food labeling litigation are used to seeing vanilla complaints — that is, standard pleadings asserting the same allegations about label statements again and again. A new trend, however, has spawned several...more

Alston & Bird

Food & Beverage Digest – July 2019

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Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and settlements affecting the agribusiness, food, beverage, and cosmetics industry. Here you’ll find information about cases ranging...more

Beveridge & Diamond PC

Mississippi Joins States Enacting Stricter Labeling Requirements for Food Products Developed from Animal Cell Cultures

On July 1, Mississippi legislators passed a bi-partisan bill to prohibit certain animal-derived food products from being labeled as “meat” or a “meat food product.” While Senate Bill 2922 also imposes the same new restriction...more

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