Litigating Nutrition: Class Action Battles Over Dietary Supplements – Speaking of Litigation Video Podcast
Ad Law Tool Kit Show – Episode 6 – Mitigating Class Action Exposure
AD Nauseam: Cabbage Soup v. Keto Diet: The Evolving FTC and NAD Approach to Post-Holiday Weight Loss Claims
Podcast: Dietary Supplements – Navigating the Regulatory Maze – Diagnosing Health Care
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
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
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
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
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
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
The U.S. Food and Drug Administration (FDA) has recently signaled its continued interest in developing a voluntary “healthy” symbol for packaged foods as a representation of the nutrient content claim....more
The Ninth Circuit recently affirmed the dismissal of a putative class action alleging Trader Joe’s misled consumers by representing its Alkaline Water product as “ionized to achieve the perfect balance.” In rejecting...more
More than six months into the pandemic, there is still no easy or definitive answer to the question many retailers are asking about whether there is coverage for their business interruption losses related to COVID-19....more
The FDA has issued warning letters to manufacturers of products marketed as medical foods to treat a range of medical conditions, including fibromyalgia, autoimmune disorders, irritable bowel syndrome, arthritis, asthma,...more
FDA Issues New Rule Regarding Calorie Type Size Requirement on Vending Machine Products - On October 25, 2019, the FDA issued a final rule revising the type size requirements for calorie labeling on foods sold in vending...more
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
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
Manufacturers of food products need to meet the requirements of food laws and expectations of consumers, who are seeking more information about the healthfulness of food products. Many manufacturers are responding by...more
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
FSMA, Prop. 65 and Supply Chain Issues Among Subjects of Food Law Conferenc - In-house and outside counsel joined representatives from the U.S. Food and Drug Administration (FDA), Department of Agriculture (USDA) and...more
LEGISLATION, REGULATIONS & STANDARDS - FDA Announces Webinar on Genome Editing in Animals - The U.S. Food and Drug Administration has announced an April 25, 2019, public webinar about “genome editing in animals, an...more
LEGISLATION, REGULATIONS & STANDARDS - L.A. Proposal Would Require Vegan Option on Menus - A Los Angeles councilperson has reportedly introduced a motion that would require entertainment venues and other establishments...more
LEGISLATION, REGULATIONS & STANDARDS - Ban on SSB Taxes Passes in Washington, Fails in Oregon - Washington voters have reportedly approved a ballot measure that will prevent the state legislature from implementing a tax...more
LEGISLATION, REGULATIONS & STANDARDS - Codex Office to Finalize Strategic Plan - The U.S. Codex Office has scheduled a meeting for November 2, 2018, to brief the public and receive comments on its 2019-2023 strategic...more
LEGISLATION, REGULATIONS & STANDARDS - FDA Seeks Input on Plant-Based Milks - The U.S. Food and Drug Administration (FDA) has solicited public input on questions related to plant-based substitutes for dairy products...more
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
LEGISLATION, REGULATIONS & STANDARDS - Senate Bill to Investigate PFAS Introduced - Sens. Debbie Stabenow (D-Mich.), Mike Rounds (R-S.D.) and Gary Peters (D-Mich.) have introduced legislation that would providing...more
LEGISLATION, REGULATIONS & STANDARDS - ASA Upholds Complaints Against Ads Targeting Children - The U.K. Advertising Standards Authority (ASA) has upheld the Obesity Health Alliance’s complaints against advertisements...more
LEGISLATION, REGULATIONS & STANDARDS - FDA Announces Modernization for Dairy Product Identities - Following his related statements at a conference, U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb has...more