News & Analysis as of

Food Marketing Health Claims Food Labeling

Shook, Hardy & Bacon L.L.P.

Lawsuit Challenges Poppi Soda’s Prebiotic, Gut-Health Marketing Claims

VNGR Beverage LLC faces a proposed class action alleging the company makes misleading health claims about its Poppi soda products. Cobbs v. VNGR Beverage, LLC, No. 24-3229 (N.D. Cal., filed May 29, 2024)....more

Husch Blackwell LLP

The Future of Functional Foods

Husch Blackwell LLP on

Following the social isolation and public health concerns associated with the COVID-19 pandemic, many Americans reevaluated their health and wellness priorities, creating new opportunities for food systems companies to...more

Morgan Lewis - Well Done

A Sweet Deal: FDA Allows New Qualified Heart-Healthy Claim for High Flavanol Cocoa Powder

FDA recently announced it does not object to the use of certain qualified health claims regarding the relationship between the consumption of cocoa flavanols in high flavanol cocoa powder and a reduced risk of cardiovascular...more

Jones Day

FDA Proposes Updated Definition of "Healthy" Claim for Food; Seeks Comment

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In Short - The Situation: To conform with current nutrition science and federal dietary guidance, the U.S. Food and Drug Administration ("FDA") has proposed updated criteria for when food labels can bear what the FDA...more

Morgan Lewis

Eat Your Greens: FDA Proposes New Definition for ‘Healthy’ Packaged Food Claims

Morgan Lewis on

The US Food and Drug Administration issued a proposed rule on September 29 setting forth new criteria for the labeling of food products with the nutrient content claim “healthy” intended to help consumers more easily navigate...more

BakerHostetler

AD-ttorneys@law - May 2022

BakerHostetler on

NAD Won’t Rename Supplement Maker - Innovix Pharma loses on product claims but gets to keep its calling card. Nerding Out - Aside from the intricacies of advertising, advertising law, and the disputes engendered...more

Jones Day

Consumer Product Food Labeling: Reaching a “Healthy” Balance

Jones Day on

Earlier in 2021, the FDA issued a notice that it will be conducting preliminary consumer research on the use of a voluntary symbol that could be used to depict the nutrient content claim “healthy” on packaged foods. Congress...more

King & Spalding

Ninth Circuit Holds That Use of the Word “Diet” to Describe Soft Drinks Would Not Mislead Reasonable Consumer

King & Spalding on

On December 30, 2019, the Ninth Circuit held that Dr. Pepper’s use of the word “diet” to describe one of its soft drinks was not an implicit weight-loss promise that would deceive a reasonable consumer. - In October...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l November 2019 #2

LEGISLATION, REGULATIONS & STANDARDS - USDA Receives Hundreds Of Comments On Hemp Interim Rule - Two weeks after opening a comment period on an interim final rule on hemp farming, the U.S. Department of Agriculture...more

Perkins Coie

PC Food Litigation Index: August 2019

Perkins Coie on

As of August 2019, overall food litigation filings are on pace with those of last year. California and New York remain the two most popular jurisdictions for food litigation matters. While California filings in 2019 are...more

Nutter McClennen & Fish LLP

How to Know and Minimize Your Food and Beverage Litigation Risk: Insights from Nutter’s Matt Ritchie

Q: What are the primary areas of litigation risk for food and beverage companies? Matthew P. Ritchie: Aside from the usual litigation that any business might face, food and beverage companies also confront the possibility...more

Perkins Coie

PC Food Litigation Index: May 2018

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

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