News & Analysis as of

Genetically Modified Organism Food Labeling

Hogan Lovells

USDA seeks information regarding revisions to digital disclosure option for bioengineered foods

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The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) has published a Request for Information (RFI) asking interested parties to submit comments regarding potential revisions to the current...more

Shook, Hardy & Bacon L.L.P.

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

LEGISLATION, REGULATIONS & STANDARDS - Group Petitions USDA to Prohibit ‘Low-Carbon Beef’ Label, Require Verification for Carbon Claims - The Environmental Working Group (EWG) has petitioned the U.S. Department of...more

Hogan Lovells

Court invalidates text message option under Bioengineered Food Disclosure Standard

Hogan Lovells on

A court has invalidated the portion of the U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service’s (AMS’s) final rule implementing the National Bioengineered Food Disclosure Standard (BE Rule) that allows...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l May 2021

Additional Probes, Lawsuits Announced on Toxic Elements in Baby Food - New York Attorney General Letitia James has announced a probe into whether baby food contains toxic elements such as arsenic and other metals. In a...more

BakerHostetler

AD-ttorneys@law – April 2021 #1

BakerHostetler on

Instagram Macher Facing Wire Fraud Charges Over Bitcoin - “Jay Mazini” was raking in the virtual currency but didn’t bother paying for it, Feds say …Or Lie Tryin’ - A famous playwright once noted that if you tell an audience...more

Womble Bond Dickinson

To GMO Label Or Not?—?How Is a Food Manufacturer To Know?

Womble Bond Dickinson on

When you shop, can you tell whether the food you are buying has been genetically modified — is it GMO (genetically modified organism)? Do you know whether all genetically modified foods are actually considered to be...more

Womble Bond Dickinson

Does Your Food Product Contain GMOs? Read This Before Labeling It “100% Natural.”

Womble Bond Dickinson on

The debate over the meaning of “100% Natural” remains unsettled. On May 7, 2020, the United States Court of Appeals for the First Circuit reversed a district court’s October 2017 decision to dismiss a consumer’s complaint...more

Morgan Lewis

FSIS Advises on Animal-Raising Label Claims but Issues Still Exist

Morgan Lewis on

The USDA’s Food Safety and Inspection Service (FSIS) updated two labeling guidelines involving animal raising claims in December. Labeling Guideline on Documentation Needed to Substantiate Animal Raising Claims...more

King & Spalding

Brexit – Impact for Food and Beverage Industry in the EU

King & Spalding on

The United Kingdom (UK) left the European Union (EU) on 31 January 2020. While the EU and the UK lastly agreed on a withdrawal agreement and thus can avoid an unregulated Brexit, specific rules for trading UK goods on the EU...more

Hogan Lovells

AMS Releases Draft Instructions on Testing Methods for the National Bioengineered Food Disclosure Standard

Hogan Lovells on

The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) has released Draft Instructions on Testing Methods (Draft Instructions) for use in compliance with the National Bioengineered Food Disclosure...more

Hogan Lovells

FSIS Issues Updated Labeling Guideline on Statements That Bioengineered or Genetically Modified Ingredient or Animal Feed Were Not...

Hogan Lovells on

The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) has issued an updated Labeling Guideline on Statements That Bioengineered or Genetically-Modified Ingredients or Animal Feed Were Not...more

Hogan Lovells

AMS Releases Draft Instructions on Validating a Refining Process for National Bioengineered Food Disclosure Standard

Hogan Lovells on

The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) is seeking public comment on draft instructions to validate a refining process under the National Bioengineered Food Disclosure Standard...more

Manatt, Phelps & Phillips, LLP

Self-Made ‘No GMO’ Label Fails Court Scrutiny

A California judge allowed a false advertising class action against Nestlé to move forward, denying the defendant’s motion to dismiss. The lawsuit challenges the company’s creation and use of a “No GMO Ingredients” seal on...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l September 2019

LEGISLATION, REGULATIONS & STANDARDS - FTC Issues Warning Letters to CBD Companies - The U.S. Federal Trade Commission has announced that it sent warning letters to three companies selling “oils, tinctures, capsules,...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l August 2019

LEGISLATION, REGULATIONS & STANDARDS - Bipartisan Bill Introduced to Standardize Food Date Labels - U.S. Reps. Chellie Pingree (D-Maine) and Dan Newhouse (R-Wash.) have introduced the Food Date Labeling Act, which aims...more

Polsinelli

To BE or not to BE a GMO (UPDATED)

Polsinelli on

On June 11, 2019, President Trump signed an executive order directing the Food and Drug Administration (FDA), Environmental Protection Agency (EPA), and United States Department of Agriculture (USDA) to ease rules for...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l June 2019 #2

LEGISLATION, REGULATIONS & STANDARDS - Proposed Amendment Would Provide Funds for FDA Oversight of CBD - Rep. Jerry McNerney (D-Calif.), in partnership with the Natural Products Association, has reportedly filed an...more

Polsinelli

To BE or not to BE a GMO

Polsinelli on

Starting on January 1, 2020 The USDA will require certain products that contain Genetically Modified Organisms (GMOs) to have a “Biological Engineered” or “BE” label. ...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l June 2019

FDA Holds Public Meeting on Cannabis - On May 31, 2019, the U.S. Food and Drug Administration (FDA) held a widely anticipated public hearing with stakeholders on cannabis and cannabis-derived compounds to gain insights on...more

Seyfarth Shaw LLP

Implementation Date For The USDA’s National Bioengineered Food Disclosure Standard

Seyfarth Shaw LLP on

The implementation date for the disclosure obligations triggered by the USDA’s final rule establishing a national standard for the disclosure of bioengineered ingredients in certain food products is January 1, 2020 for...more

BakerHostetler

FDA and Pharmacy Weekly Digest - March 2019 #4

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Food/Dietary Supplements - FDA Announces Plans to Strengthen Food Safety Program – The FDA proposed new funding under the 2020 budget to address multiple areas of the food safety system. ...more

Proskauer - Advertising Law

Snack Bar Class Action Powers On After USDA Action and FDA Inaction

Unlike a fine wine, a snack bar does not get better with age. Neither, apparently, does litigation. Last month, Judge William H. Pauley III in the Southern District of New York lifted a years-long stay in a lawsuit against...more

Polsinelli

Final Rule Regarding the Labeling of Bioengineered Foods

Polsinelli on

On December 21, 2018, the Agricultural Marketing Service (“AMS”) of the United States Department of Agriculture (“USDA”) issued its long-anticipated final rule establishing requirements for the disclosure of food that is...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l February 2019 #3

LEGISLATION, REGULATIONS & STANDARDS - CBD Banned from New York Restaurants, in Limbo in Idaho - New York City’s health department has reportedly ordered restaurants to stop serving products that contain cannabidiol...more

BCLP

Bioengineered Food Disclosure Rules Finalized, Require Disclosure of “Detectable” GMOs

BCLP on

On December 21, 2018, the U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) published its final rule implementing the National Bioengineered Food Disclosure Standard (NBFDS) signed into law by...more

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