News & Analysis as of

Poultry Products Inspection Act (PPIA).

Perkins Coie

USDA-FSIS Updates Substantiation Guideline for Animal-Raising and Environment-Related Claims

Perkins Coie on

On August 28, 2024, USDA’s Food Safety and Inspection Service (FSIS) released an updated Guideline on Substantiating Animal-Raising or Environment-Related Labeling Claims for meat and poultry product labeling. Animal-raising...more

Holland & Knight LLP

USDA Announces Proposed Rule Under Salmonella Framework for Raw Poultry Products

Holland & Knight LLP on

The U.S. Department of Agriculture's (USDA) Food Safety and Inspection Service (FSIS) (collectively, the Agency) on Aug. 7, 2024, issued a proposed rule aimed at reducing Salmonella contamination in raw poultry products...more

Morgan Lewis - Well Done

Featherless Revolution: FDA and USDA's Approval of Cell-Cultivated Chicken Takes Flight

In a historic decision, the United States Department of Agriculture (USDA) has approved two companies, Upside Foods and GOOD Meat, to market lab-grown chicken in the United States....more

Ervin Cohen & Jessup LLP

Ninth Circuit Panel Upholds Foie Gras Ban in 2-1 Panel Decision

On May 6, 2022, a panel of three judges in the Court of Appeals for the Ninth Circuit considered a challenge to California’s ban on foie gras. The law has been heavily litigated for nine years, including three sets of appeals...more

Bilzin Sumberg

Cohen v. ConAgra- Poultry False Advertising Claims Survive Despite Federally Preempted Product Mislabeling Claim

Bilzin Sumberg on

In October of this year, the Ninth Circuit Court of Appeals analyzed the issue of federal preemption in the context of poultry product labeling. The plaintiff in Cohen v. ConAgra Brands, Inc., brought a putative class action...more

Patterson Belknap Webb & Tyler LLP

Fowl Ground: Ninth Circuit Reaches Unusual Result Applying Federal Preemption Law in Poultry Labeling Case

A few months ago, we analyzed the Ninth Circuit’s decision in Webb v. Trader Joe’s Company, No. 19-56389 (June 4, 2021), which held that a private plaintiff’s challenge to poultry labeling claims were preempted by federal...more

Kilpatrick

Ninth Circuit holds product label preemption defense requires evidence and does not extend to materially-different statements on...

Kilpatrick on

Takeaway: The quickest, most efficient way to kill a putative class action remains a successful Rule 12 motion to dismiss. But in ruling on such a motion, a district court generally cannot stray beyond the allegations in...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Cars and Chickens

This week, the Ninth Circuit explores the constitutionality of a state statute aimed at protecting consumer information given to car dealers, and clarifies the preemptive scope of federal regulatory approval of food labels. ...more

Beveridge & Diamond PC

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

Beveridge & Diamond PC on

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

Foley Hoag LLP

USDA Seeks Comment on Cultured Meat and Poultry Labeling

Foley Hoag LLP on

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

Hogan Lovells

FSIS proposes unified 30-day timeline for filing appeals related to inspection activities

Hogan Lovells on

The proposed rule would require that Food Safety and Inspection Service inspection decisions, such as Noncompliance Records, be appealed within 30 days....more

Proskauer - Advertising Law

The Legal “Pecking Order”: Ninth Circuit Finds Poultry Labeling Claims Preempted

In a unanimous precedential decision, a Ninth Circuit panel recently affirmed the dismissal of a putative class action against Trader Joe’s, which alleged that the statement “Up to 5% Retained Water” on Trader Joe’s poultry...more

Patterson Belknap Webb & Tyler LLP

Ninth Circuit Cries “Fowl” on Challenge to Poultry Labels

Earlier this month, this blog analyzed the preemption provisions of the Federal Meat Inspection Act (FMIA) and the Poultry Products Inspection Act (PPIA), which together regulate the labeling of meat and poultry products.  We...more

Morgan Lewis - Well Done

USDA’s Proposal to Take Back Regulatory Oversight of GM Animals from FDA Remains Viable Despite Change in Administration

On December 14, 2020, the US Food and Drug Administration (FDA) approved GalSafe pigs, which are genetically modified (GM) for use in food production and medical products. At the time, the agency noted in its Consumer Q&A...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

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Poultry Preemption and ERISA Estoppel

This week, we take a look at a decision examining the preemptive effect of the Poultry Products Inspection Act, and another considering the interaction between the Employee Retirement Income Security Act and principles of...more

Kelley Drye & Warren LLP

Food Litigation and Regulatory Highlights – February 2021

Welcome to our monthly digest of litigation and regulatory highlights impacting the food and beverage industry. February saw another win for industry on the vanilla front, a preemption win in California state court, and FDA...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l March 2021

USDA, FDA Issue Joint Statement on Transmissibility of COVID-19 on Food Packaging - The U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) have issued a joint statement stating that “there is no...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

Husch Blackwell LLP

Meatless Meat Update

Husch Blackwell LLP on

On September 28, 2018 and December 27, 2018, we blogged about the challenge to Missouri’s meatless meat statute. The statute purports to prohibit designating a product as meat unless it has been obtained from harvested...more

Knobbe Martens

FDA and USDA Enter into Formal Agreement to Jointly Regulate Cell-Cultured Food Products

Knobbe Martens on

On March 7, 2019, the U.S. Food and Drug Administration (FDA) and the U.S. Food Safety and Inspection Service (FSIS) announced a formal agreement, in the form of a memorandum of understanding (MOU), to jointly regulate the...more

Husch Blackwell LLP

Update On California Egg Law

Husch Blackwell LLP on

We blogged most recently on December 27, 2018, about several states’ challenges in the Supreme Court to animal welfare laws enacted by both California and Massachusetts. The states sought permission to file suit in the...more

Husch Blackwell LLP

Foie Gras Update

Husch Blackwell LLP on

We had previously blogged, most recently on December 27, 2018, about the constitutional challenge to California’s ban on the sale of foie gras produced by traditional force-feeding of poultry....more

Husch Blackwell LLP

California Foie Gras/Egg Update

Husch Blackwell LLP on

On December 19, 2017 and June 9, 2018, we blogged about the challenges 13 states had launched against California’s minimum space requirements for egg-laying hens. They also challenged a similar law in Massachusetts. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Eleventh Circuit Limits OSHA’s Ability to Use OSHA Form 300 Logs to Obtain an Inspection Search Warrant

On October 9, 2018, the United States Court of Appeals for the Eleventh Circuit upheld a district court’s order quashing an Occupational Safety and Health Administration (OSHA) inspection warrant. OSHA unsuccessfully...more

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