News & Analysis as of

Food Supply Retail Market

Shook, Hardy & Bacon L.L.P.

FDA Outlines Strategy for Infant Formula Market

The U.S. Food and Drug Administration has released a national strategy outlining actions it will take immediately to help increase the resiliency of the U.S. infant formula market and supply. The Food and Drug Omnibus Reform...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation and Regulatory Update - April 2023

FDA Proposes Changes to Standards of Identity for Foods Including Salt- The U.S. Food and Drug Administration (FDA) has issued a proposed rule that would change the standards of identity (SOIs) for foods that include salt to...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation and Regulatory Update - March 2023 #3

LEGISLATION, REGULATIONS & STANDARDS - California Lawmakers Introduce Legislation to Ban Five Food Additives - California lawmakers have introduced first-in-the-nation legislation seeking to ban five food...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation and Regulatory Update - March 2023 #2

LEGISLATION, REGULATIONS & STANDARDS - USDA Proposes Rule Limiting 'Made in the USA' Claims for Meat, Poultry and Eggs - The U.S. Department of Agriculture (USDA) has issued a proposed rule that would tighten who can label...more

Shook, Hardy & Bacon L.L.P.

FDA Issues Draft Guidance on Plant-Based Milk Alternatives

The U.S. Food and Drug Administration (FDA) has announced the availability of draft guidance for industry on labeling plant-based milk alternatives. The guidance indicates that plant-based milk alternatives can be labeled as...more

The Volkov Law Group

Food Company Pleads Guilty and Agrees to Pay $19.2 Million for Manufacturing Under Unsanitary Conditions

The Volkov Law Group on

The Justice Department has a long-record of criminal prosecutions of companies for manufacturing food products under unsanitary conditions.  In recent years, DOJ has prosecuted Blue Bell Ice Cream, Chipotle, ConAgra Grocery,...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation and Regulatory Update - February 2023

U.S. Food and Drug Administration (FDA) Commissioner Robert M. Califf announced in a Jan. 31 statement that the agency intends to reorganize its Human Foods Program and Office of Regulatory Affairs (ORA) after receiving the...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation and Regulatory Update - January 2023 #2

Shook Senior Counsel Talks FDA on NOSH Podcast - NOSH has interviewed Shook Senior Counsel John Johnson for an episode of its podcast. The episode discusses the implications of the December 2022 Reagan-Udall Foundation...more

Proskauer - Minding Your Business

Infant Formula Shortage Update

Lawmakers in Washington, D.C., and California have taken recent steps to further protect the infant formula market from price gouging. On June 7, 2022, the D.C. Council passed the “Infant Formula Consumer Protection Emergency...more

Proskauer - Minding Your Business

FTC Announces Inquiry into the Infant Formula Shortage

On May 24, 2022, the FTC announced a widespread inquiry into the ongoing infant formula shortage. The agency had been tasked by the White House with investigating any price gouging or unfair market practices in the industry....more

Jones Day

Are Your Labels Up to Date? Ensuring Compliance With the USDA’s National Bioengineered Food Disclosure Standard

Jones Day on

Introduction - Effective January 1, 2022, food manufacturers must now comply with the U.S. Department of Agriculture ("USDA")'s National Bioengineered Food Disclosure Standard, 7 CFR Part 66 (the "BE Disclosure Standard"...more

Polsinelli

Antitrust Enforcers’ First “Listening Forum” On Merger Reform Highlights Ongoing Concerns in the Food and Agriculture Industry

Polsinelli on

In March of this year the Antitrust Division of the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) jointly announced a series of “listening forums” that would help gather real world input from...more

Proskauer - Minding Your Business

Price Gouging Litigation Continues Apace

As price gouging restrictions remain in place in many states and municipalities, new and ongoing enforcement actions continue to advance or settle. Over the past several weeks, we have seen a number of noteworthy developments...more

Proskauer - Minding Your Business

Minnesota Files Price Gouging Suit Against Egg Producer

Although many states of emergency have expired, new lawsuits that allege price gouging continue to be filed. On September 3, 2021, Minnesota Attorney General Keith Ellison filed a complaint in Minnesota state court against...more

The Volkov Law Group

DOJ’s Criminal Cartel Prosecution of Chicken Industry Expands Net — Koch Foods and Four Pilgrim’s Pride Executives Charged

The Volkov Law Group on

The Justice Department’s Antitrust Division continues to target a sprawling cartel investigation of the chicken industry.  In its most recent action, the Justice Department announced an indictment of Koch Foods and four...more

Morgan Lewis - Well Done

Sesame Becomes Newest Major Food Allergen

US President Joseph Biden signed into law the Food Allergy Safety, Treatment, Education, and Research Act (FASTER Act) in April, establishing sesame as the ninth major food allergen under the Federal Food ...more

Bilzin Sumberg

Salmon Price-Fixing Litigation Survives Dismissal

Bilzin Sumberg on

On March 26, 2021, Southern District of Florida District Court Judge Cecilia Altonaga denied a motion to dismiss an antitrust class action alleging a conspiracy to fix the price of farm-raised Atlantic salmon globally....more

Hogan Lovells

U.S. Congress passes the FASTER Act to require sesame allergen labeling

Hogan Lovells on

On 14 April 2021, the U.S. Congress passed the Food Allergy Safety, Treatment, Education, and Research (FASTER) Act of 2021 (S. 578), which now heads to the White House for signature. ...more

Hogan Lovells

New EU regulation defines “Food Safety Culture”

Hogan Lovells on

The European Union (EU) recently adopted a regulation requiring food business operators to establish and provide evidence of an appropriate food safety culture and detailing the steps they must take to satisfy this...more

Hogan Lovells

Final Guidance: Publishing Retail Consignees Lists to Effectuate Certain Human and Animal Food Recalls

Hogan Lovells on

The U.S. Food and Drug Administration (FDA or the agency) has issued a final Guidance on the Public Availability of Lists of Retail Consignees to Effectuate Certain Human and Animal Food Recalls (Guidance)....more

Perkins Coie

The Food & Beverage Industry and the COVID-19 Pandemic

Perkins Coie on

The global pandemic has affected not only how individuals work but also the way companies supply food, how consumers shop, and how regulators try to alleviate food shortages during the pandemic. Here are some of the biggest...more

Hogan Lovells

FDA issues draft guidance on voluntary disclosure of sesame when added as flavoring or spice

Hogan Lovells on

On 10 November 2020, the U.S. Food and Drug Administration (FDA) announced the availability of a draft guidance recommending that companies voluntarily declare sesame in the ingredient list when it is used as a “flavor” or...more

Robinson+Cole Data Privacy + Security Insider

Fresh Produce Delivered Right to Your Door…By Drone

While drone deliveries have been tested for medical supplies, e-commerce/package delivery, and even pizza right from the oven, there are other, seemingly endless possibilities for delivery by drone. Recently, Reliable...more

World Law Group

2020 Global Report on Cannabis Policy - October 2020

World Law Group on

We are very pleased to announce the release of the World Law Group (“WLG”) Cannabis Guide 2020. In recent years, cannabis and products with cannabis components are one of the “hot topics” in the life sciences industry....more

Bilzin Sumberg

Federal Court Denies Motions to Dismiss Turkey Price-Fixing Case

Bilzin Sumberg on

On Monday, Northern District of Illinois Judge Virginia M. Kendall denied three motions to dismiss a putative class action alleging that the nation’s leading turkey suppliers—including Butterball, Cargill, House of Raeford,...more

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