News & Analysis as of

Labeling

Mango Peach Ale? Coconut Clove Stout? – TTB Formula Approval and Labeling for Alternative Ingredients and Brewing Processes

As brewers become more creative and push the flavor envelope, it is important to keep in mind that when you add “nontraditional” ingredients or use alternative brewing methods, TTB formula approval could be necessary. The...more

The Legality of Cannabidiol and Concerns Regarding False Advertising

by Cozen O'Connor on

The legality of marijuana (also known as cannabis) has been a popular topic in recent years with thirty states and the District of Columbia having laws that legalize marijuana in some form. However, under federal law,...more

Here’s the Recipe: How to Ensure Your Food and Beverage Company Will Be Ready for a Value-Maximizing Sale

by Morrison & Foerster LLP on

You’ve created a great product and built a valued brand. You’ve devoted countless hours to building relationships with key distributors and retailers, designing attractive packaging, and forging a social media presence. But...more

Blizzard Causes Storm of Lawsuits

In a battle over the term "Blizzard," Dairy Queen and W.B. Mason have filed competing lawsuits seeking control of the mark....more

K&L Gates Triage: The Opioid Epidemic: FDA’s Role in Addressing the Opioid Crisis

by K&L Gates LLP on

In the seventh episode of our series on the national opioid crisis, Erica Jackson discusses efforts by the U.S. Food and Drug Administration (FDA) to address the crisis, while still permitting patient access to effective pain...more

Out of Juice: Judge Denies Class Cert. in Tropicana False Label Suit

by Reed Smith on

In 2011, plaintiffs launched a putative class action with class members from California, New York, New Jersey, and Wisconsin in a New Jersey district court against Tropicana Products, Inc., a division of PepsiCo, Inc. over...more

EPA Releases Final Guidance on Placement of First Aid Statements on Pesticide Labels

by Bergeson & Campbell, P.C. on

On March 8, 2018, the U.S. Environmental Protection Agency (EPA) announced its release of final guidance clarifying where first aid statements should appear on the label of pesticide products. EPA also posted a response to...more

Reading The 9th Circ.'s Tea Leaves On Injunctive Standing

by Morrison & Foerster LLP on

On Dec. 20, 2017, the Ninth Circuit refined injunctive standing requirements in the misbranding context in Victor v. R.C. Bigelow Inc. and Khasin v. R.C. Bigelow Inc. (collectively, “Bigelow”), finding that injunctive...more

Dentons laws of fashion - Major trends in the development of Russian fashion law and court practice in 2017

by Dentons on

Major Russian legislation changes - Total chipping - Russian Government Resolution No. 7871 (the “Resolution”), which provides for mandatory labeling of fur products with control (identification) tags (“identification...more

Health Canada Proposes Front-of-Package Nutrition Labelling Requirements

The Government of Canada recently published proposed amendments to the Food and Drug Regulations (FDR) that if adopted, would significantly change key elements of the labelling of food products. The most notable amendments...more

French NGO Claims Many Manufacturers Fail to Comply with Nano Labeling Requirement

by Bergeson & Campbell, P.C. on

UFC-Que Choisir, a French non-governmental organization (NGO), announced on January 23, 2018, that it filed complaints against nine manufacturers of food and cosmetic products for failure to comply with the requirement to...more

Total Brand Care Q&A – Product labeling and packaging in Europe

by Hogan Lovells on

Hogan Lovells Total Brand Care is our firmwide holistic approach to creating, commercializing and protecting our clients’ most valuable asset – their brands. Creative product labeling and packaging can help promote and add...more

The opportunities and challenges associated with product labeling and packaging in Europe: Total brand care

by Hogan Lovells on

From bright and glossy, to refined and elegant, product labeling and packaging convey information, messaging, and claims about a brand. At the same time the labeling and packaging must also include mandatory information,...more

District Court Denies Motion to Dismiss Deception Claims against Brewer

by McDermott Will & Emery on

On January 17, 2018, the United States District Court for the Northern District of California issued a decision in yet another putative class action alleging that a beer brand’s labeling and marketing was false and deceptive....more

Consumer Product and Packaging Alert: Enforcement Activities are Increasing for “Biodegradable” Claims and Toxics in Packaging

by Alston & Bird on

California’s district attorneys and regulatory enforcement attorneys are increasing their policing efforts on consumer product label claims and packaging content. Consumer product manufacturers and their packaging...more

Class Action Aims to Catch Canned Salmon Manufacturer for False Advertising

by Reed Smith on

A class action complaint was recently filed against Bumble Bee Foods, LLC (“Bumble Bee”), the makers of canned fish and seafood. The false advertising lawsuit stems from the plaintiff’s assertion that Bumble Bee falsely...more

FDA Resets Enforcement Priorities for OTC Homeopathic Drugs

Happy New Year! And now on to your regular Consumer Product Matters programming… Another Federal agency with a consumer-protection mandate has taken a significant step to reset compliance expectations and enforcement...more

TTB Updates to the Semi-Annual Regulatory Agenda

by McDermott Will & Emery on

Last week in its regular newsletter, Alcohol and Tobacco Tax and Trade Bureau (TTB) announced updates to the Fall edition of the semi-annual Unified Agenda of Federal Regulatory and Deregulatory Actions (Regulatory Agenda)....more

FDA Proposes a New Risk-Based Enforcement Approach for Certain Categories of Homeopathic Drug Products

More than 2 years after the Food and Drug Administration (FDA or agency) held a public hearing to obtain input from both the public and industry stakeholders regarding its current regulatory framework for homeopathic drug...more

Top Advertising Law Enforcement Trends for the New Year

by Perkins Coie on

This holiday season, brands are ready for bustling sales, special offers and joyful consumers. However, with regulators on the lookout for deceptive practices and plaintiffs’ attorneys ready to file class actions, the...more

A Practical Approach for Resolving the Pediatric Oncology Drug Labeling Crisis

An undisputed crisis exists due to the absence of adequate labeling for pediatric oncology drug products. Almost all drugs used to treat pediatric oncology patients were approved over decades ago and knowledge of pediatric...more

State Implementation Update for Revisions to Hazardous Waste Generator Rule

by Foley & Lardner LLP on

The U.S. Environmental Protection Agency (EPA) published revisions to hazardous waste generator regulations on November 28, 2016. These revisions went into effect at a federal level and for non-delegated states on May 30,...more

Current Public Availability of a Drug Label Does Not Demonstrate Public Availability at an Earlier Critical Date

In inter partes review (IPR) proceedings, petitioners bear the burden of demonstrating that documents relied on as printed publications were publicly accessible before the effective filing date of a challenged patent. In...more

10 Marketing Law Takeaways From ANA/BAA 2017

We just got back from the Association of National Advertising (ANA) and Brand Activation Association (BAA) Marketing Law Conference in Chicago, held earlier this week. With hundreds in attendance, and dozens of speakers...more

Looking Beyond the Label for Inducement in Post-Launch Case

by McDermott Will & Emery on

Addressing objections to a magistrate’s report and recommendation, a Delaware district court held that a generic manufacturer’s label showing an intent to induce infringement was not enough on its own to establish induced...more

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