PERKINS COIE IS PLEASED TO PUBLISH ITS Q4 FOOD AND CPG LEGAL TRENDS REPORT. This report is a bite-sized version of our annual year in review, providing timely insights on trends so far this year. In Q4 2023, the Consumer...more
The COVID-19 emergency has impacted all aspects of the food and beverage industry, and restaurants are no exception. Realizing the essential economic and food service roles restaurants play — and that restaurants’ needs have...more
FDA recently issued two nutrition-labeling guidance documents intended to provide restaurants and food manufacturers flexibility during the public health emergency declared by the Department of Health and Human Services. ...more
In response to the COVID-19 pandemic, the U.S. Food and Drug Administration (FDA) has temporarily relaxed some of its requirements concerning menu and nutrition labeling, and extended certain enforcement deadlines. Menu...more
April 8, 2020 Publications The federal Food and Drug Administration (“FDA”) released two guidance documents to provide restaurants and food manufacturers with additional flexibility in distributing food during the COVID-19...more
This memorandum summarizes recent actions the U.S. Food and Drug Administration (FDA) has taken in response to the COVID-19 outbreak. First, FDA has issued a temporary policy to provide flexibility to chain restaurants and...more
The U.S. Food and Drug Administration (FDA) recently issued a draft guidance to advise food manufacturers of its intent to exercise enforcement discretion for the name “potassium chloride salt” in the ingredient statement on...more
Wage and Hour - Decision Upholds Class Action Waivers in Arbitration Clauses, Resolves Circuit Split - The U.S. Supreme Court issued a long-awaited decision in Epic Systems Corp. v. Lewis on May 21, 2018, holding that...more
Certain restaurants, grocers, and other food establishments will soon be required to comply with the Food and Drug Administration’s (“FDA”) menu labeling rules. The FDA previously finalized menu labeling rules in connection...more
The U.S. Food and Drug Administration previously published a final rule on nutrition labeling of standard menu items in restaurants and similar food establishments. ...more
The FDA has extended the date for compliance with the Nutrition Facts and Supplement Facts Label and Serving Size final rules. As we previously reported, the rules were finalized in May 2016 and initially set a general...more
FDA Issues Supplemental Guidance for Menu Nutrition Labels - The U.S. Food and Drug Administration (FDA) has announced the availability of “Menu Labeling: Supplemental Guidance for Industry,” which includes an advisory of...more
Certain restaurant owners have less than two months to comply with a new Food and Drug Administration (“FDA”) regulation. ...more
Significant statutory and regulatory changes are on the horizon this year in the world of food labeling as regulators and lawmakers introduce rules that can potentially impact the food industry and its compliance obligations....more
On March 29, 2018, Food and Drug Administration (FDA or the agency) Commissioner Scott Gottlieb, M.D., delivered a nutrition-related policy address. The Commissioner emphasized FDA’s role in helping Americans improve their...more
In remarks at the National Food Policy Conference (NFPC) in Washington, D.C. on March 29, 2018, U.S. Food and Drug Administration (FDA or the Agency) Commissioner Scott Gottlieb, M.D., detailed the Agency’s wide-ranging plans...more
USDA Inspector General Recommends Reform of AMS Organic Program for Imports - The USDA Inspector General ("IG") reviewed the Agricultural Marketing Service's ("AMS") process used in determining whether exporting...more
On November 7, the US Food and Drug Administration (FDA) published the latest in a series of industry draft guidance documents to help implement menu labeling and nutrient disclosure regulations applicable to chain...more
The Trump administration is moving forward with an Obama-era initiative requiring certain food establishments to list calorie information on menus and menu boards, including food on display and self-service food. The FDA...more
On November 7, 2017, the Food and Drug Administration (FDA) released draft guidance regarding menu labeling requirements for certain chain restaurants and food establishments that are subject to the menu labeling requirements...more
Senators Urge USDA to Implement GMO Labeling - Several Democratic senators, with Sen. Bernie Sanders (I-Vt.), have sent a letter to the head of the U.S. Department of Agriculture (USDA) urging Secretary Sonny Perdue to...more
Yesterday, the U.S. Food and Drug Administration (FDA or the Agency) released a draft guidance, "Menu Labeling: Supplemental Guidance for Industry" (Draft Guidance). In the Draft Guidance, FDA addresses comments it received...more
Late last week, groups representing restaurants, grocery stores, and convenience stores reached an agreement with New York City (the City) to ensure that the City will not enforce its analog of the U.S. Food and Drug...more
As plant-based beverages appear on more store shelves, the definition of “milk” has become the center of a dispute involving legislatures, regulators, litigators and industry groups. Shook Partners Katie Gates Calderon and...more
This week, there were developments in two menu labeling lawsuits about which we reported previously: a lawsuit challenging the U.S. Food and Drug Administration’s (FDA or the Agency) delay of its menu labeling rule, and a...more