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Labeling Food Labeling

Sheppard Mullin Richter & Hampton LLP

What Must the Consumer Read on Product Packaging? The Answer is Anything but Black-and-White Following the Ninth Circuit’s...

The Ninth Circuit’s recent Whiteside decision complicates the question of when information on the back of a product’s packaging can be used to clarify information on the front of the packaging. As a result, the bar for using...more

Perkins Coie

Notable Ruling Roundup - July 2024 #2

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Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Candice Bradby v. Bimbo Bakeries USA, Inc., No. 1:23-cv-00522-LKG (D. Md. – April 12, 2024): The...more

Holland & Knight LLP

Ninth Circuit Holds That California Food-Labeling Law Is Not Preempted by Federal Law

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In 1990, Congress enacted the Nutrition Labeling and Education Act (NELA) as an amendment to the Food, Drug and Cosmetic Act (FDCA). Among other things, NELA 1) provided for modernization and standardization of the familiar...more

Alston & Bird

Putting a Finer Point on Fine Print in False Labeling Suits: The Ninth Circuit’s ‘Unambiguously Deceptive’ Rule in McGinity v. P&G

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How reasonable does a consumer have to be before they’re “unambiguously” deceived? Our Food & Beverage Team reads the tea leaves to discover how courts in the Ninth Circuit are applying the new McGinity standard....more

Sheppard Mullin Richter & Hampton LLP

FDCA Preemption: A Powerful Tool for Defending Class Actions

Several recent cases arising under the federal Food, Drug, and Cosmetic Act (“FDCA” or the “Act”), 21 U.S.C. § 301 et seq., highlight the usefulness of preemption as a defense against putative class actions concerning drugs,...more

Perkins Coie

USDA Issues Final Rule on Voluntary “Product of USA” Claims

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On March 18, USDA’s Food Safety and Inspection Service (FSIS) published its Final Rule on Voluntary Labeling of FSIS-Regulated Products with U.S.-Origin Claims (Final Rule). The Final Rule covers meat, poultry, and egg...more

Foley Hoag LLP

Product Liability Update - January 2024

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MASSACHUSETTS - First Circuit Holds Putative Class Action Claims Alleging Deceptive Practices In Labeling of Lactase Product As Dietary Supplement Instead Of Drug When Product Claimed To Treat Lactose Intolerance...more

Perkins Coie

Notable Ruling Roundup - January 2024

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Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Terri Little v. Naturestar North America, LLC, et al., No. 1:22-cv-00232-JLT-EPG (E.D. Cal. –...more

Perkins Coie

Weekly Notable Ruling Roundup - December 2023 #2

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Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. Carol Whyble, et al. v. The Nature’s Bounty Co., No. 7:20-cv-03257-NSR (S.D.N.Y.—October 31,...more

Perkins Coie

Weekly Notable Ruling Roundup - August 2023

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Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. Darlene Hollins, et al. v. Walmart, Inc., et al., No. 21-56031 (9th Cir. – May 11, 2023): The...more

Kelley Drye & Warren LLP

FDA Updates Draft CPG Regarding Major Food Allergen Labeling and Cross Contact: What Manufacturers and Food Retailers Should Do...

Earlier this week, FDA issued draft guidance for staff updating the agency’s existing enforcement policy regarding major food allergen labeling and cross-contact prevention. The updated guidance reflects the addition of...more

Perkins Coie

Weekly Notable Ruling Roundup - May 2023 #2

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Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. - Cade Seljak, et al. v. Pervine Foods LLC, No 21-cv-09561-NRB (S.D.N.Y. – March 3, 2023): The...more

Sheppard Mullin Richter & Hampton LLP

FDA Draft Guidance Signifies Acceptance of the Term “Milk” to Describe Plant-Based Alternatives

The Food and Drug Administration (FDA) has released draft guidance for the labeling of plant-based milk alternatives, which could have a significant impact on the way these products are marketed and sold. The proposed...more

Jones Day

FDA Takes Long-Awaited Action on Labeling Plant-Based Milk Alternatives

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Following several years of lead-up, including public engagement, the review of more than 13,000 comments, and conducting focus group studies, on February 22, 2023, the U.S. Food and Drug Administration ("FDA") issued a draft...more

BakerHostetler

Folks Might Be Chicken to Using Green Seals After Reading This NAD Case

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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

Butler Snow LLP

Organic Overhaul: USDA’s New Rule Beefs Up Organic Product Regulation for the First Time in Three Decades

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The USDA’s wide-sweeping regulatory update may affect your company, even if it is only a small ingredient in the multi-billion dollar organic foods supply chain.   On January 18, 2023, the USDA National Organic Program...more

Blake, Cassels & Graydon LLP

Nouvelles exigences concernant l’étiquetage sur le devant des aliments emballés

Le 20 juillet 2022, des modifications apportées au Règlement sur les aliments et drogues sont entrées en vigueur, introduisant du même coup un nouveau symbole nutritionnel pour les aliments préemballés. Faisant partie de la...more

Blake, Cassels & Graydon LLP

Front Page News: New Front-of-Package Food Labelling Requirements

On July 20, 2022, amendments to the Food and Drug Regulations came into effect, introducing a new nutrition symbol for prepackaged foods. Part of Health Canada’s Healthy Eating Strategy, these amendments will require the...more

Foley & Lardner LLP

Mexican Authorities Remove Foodstuff Products Due to NOM 051 Labeling Requirements Non-Compliance

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The Mexican Federal Commission for the Protection Against Sanitary Risks (Cofepris) and the Federal Consumer Prosecutor's Office (Profeco) removed more than 10,000 units of domestic and imported foodstuff products that were...more

Cooley LLP

Alert: What’s at Steak: USDA Solicits Comments on Cultured Meat Labels

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Using recent advances in cell culture technology, numerous companies are developing meat products produced in vitro using cultured cells derived from living animals. As such companies get ready to market their products to...more

Beveridge & Diamond PC

USDA Opens Comment Period for Labeling Requirements for Cell-Cultured Meat and Poultry Products

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On September 3, 2021, the U.S. Department of Agriculture, Food Safety and Inspection Service (USDA-FSIS) opened a comment period in advance of a proposed rule on labeling requirements for meat and poultry products comprised...more

Morgan Lewis - Well Done

Food Labeling Modernization Act Reintroduced in Congress

Congress on August 3 introduced the Food Labeling Modernization Act of 2021 (H.R. 4917 or 2021 Bill), a bill that proposes to amend the Federal Food, Drug, and Cosmetic Act (FFDCA) to improve requirements related to summary...more

Foley Hoag LLP

USDA Seeks Comment on Cultured Meat and Poultry Labeling

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The Food Safety and Inspection Service (FSIS) of the U.S. Department of Agriculture (USDA) recently published an advanced notice of proposed rulemaking (ANPR) seeking public comment pertaining to the labeling of meat and...more

Ervin Cohen & Jessup LLP

Ninth Circuit: Trader Joe’s Chicken Labeling Claims Federally Preempted

On June 4, 2021, a panel of judges from the Ninth Circuit Court of Appeals affirmed the dismissal of consumer poultry labeling claims against Trader Joe’s on the ground that those claims were federally preempted. The consumer...more

Proskauer - Advertising Law

Key 2020 Decisions from the NAD and NARB

Now that 2020 is in the rearview mirror (*collective sigh of relief*), we wanted to share our perspective on notable decisions and trends from this past year at the National Advertising Division and the advertising...more

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