News & Analysis as of

State and Local Government Food Labeling

Holland & Knight LLP

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

Holland & Knight LLP on

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

Maynard Nexsen

2024 Legislative Update: Regular Session

Maynard Nexsen on

In Vitro Fertilization - This week, both the House and Senate passed legislation addressing the concerns of in vitro fertilization (IVF) clinics and patients after a recent judicial opinion stating that under Alabama law,...more

Perkins Coie

Regenerative Agriculture: Sustainability in Farming

Perkins Coie on

Farmers play an important role in all of our lives. They grow the food that the rest of us need to survive. The practices of farming have evolved over time and some argue that adopting a change to modern farming techniques...more

Faegre Drinker Biddle & Reath LLP

“Fruit Puree” Held a Fair Game First Ingredient in Fruit Snacks Label by California Court of Appeal

The California Court of Appeal, First Appellate District, recently affirmed judgment in favor of a fruit snack manufacturer who claimed “fruit” was stated to be the first ingredient on a front label but listed “fruit puree”...more

Proskauer - Advertising Law

Beverage Mislabeling Suit Runs Out of Juice

On February 6, the California Court of Appeals (Second Appellate District) sustained a lower court’s dismissal of a putative class action alleging that the claim “no sugar added” on the label of tangerine juice is deceptive...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l December 2019 #2

LEGISLATION, REGULATIONS & STANDARDS - Senate Confirms FDA Commissioner - The U.S. Senate has voted to confirm Stephen Hahn as the commissioner of the U.S. Food and Drug Administration (FDA). Hahn, an expert in...more

Mintz - Consumer Product Safety Viewpoints

Do You Want Fries With That?

The old joke of “what do Philosophy majors ask at their first job?” takes on a new meaning in the world of Prop 65. On October 7, 2019, the California Chamber of Commerce filed a lawsuit in Federal court for the Eastern...more

Hogan Lovells

California Chamber of Commerce Challenges the Proposition 65 Acrylamide Warning for Foods

Hogan Lovells on

A lawsuit filed yesterday by the California Chamber of Commerce challenges the legality of Proposition 65 warnings on foods that contain acrylamide. The Complaint, which named the Attorney General of the State of California...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l August 2019 #2

LEGISLATION, REGULATIONS & STANDARDS - Illinois Adds Sesame to Allergen-Labeling Regulations - Illinois has passed a law requiring businesses to indicate on food labels whether a product contains sesame. The amended law...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l February 2019 #3

LEGISLATION, REGULATIONS & STANDARDS - CBD Banned from New York Restaurants, in Limbo in Idaho - New York City’s health department has reportedly ordered restaurants to stop serving products that contain cannabidiol...more

Seyfarth Shaw LLP

Ninth Circuit Reconsidering San Francisco Soda Health Warning

Seyfarth Shaw LLP on

One of the latest efforts by a municipality to address public health concerns by requiring warnings on certain products may be revived depending on the outcome of a recent rehearing before an 11-judge en banc panel of the...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | September 2018 #1

LEGISLATION, REGULATIONS & STANDARDS - FDA Provides Update on Added Sugar Labeling for Honey and Maple Syrup - U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb issued a statement providing an update...more

Polsinelli

Are Your Food Products in Compliance With the New Prop 65 Requirements?

Polsinelli on

New revisions to the warnings provisions required by California’s Prop 65 regulations will take effect August 30, 2018. If applicable, the revisions will change the way companies assess and label the food products they...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | July 2018

LEGISLATION, REGULATIONS & STANDARDS - California Bans New Soda Taxes - California Governor Jerry Brown has signed the Keep Groceries Affordable Act, a statute preventing local agencies in the state from imposing taxes...more

Lewitt Hackman

Killer Coffee? California May Exempt Coffee Industry from Prop 65 Warning Requirements

Lewitt Hackman on

We told you about the lawsuit brought against nearly 100 food industry companies regarding the lack of Prop 65 warnings in restaurants and stores selling coffee. The problem is the potential presence of acrylamide when coffee...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | June 2018 #2

LEGISLATION, REGULATIONS & STANDARDS - FDA Releases Guidance on Dietary Fiber Labeling - The U.S. Food and Drug Administration has released guidance identifying eight non-digestible carbohydrates that the agency intends...more

Brooks Pierce

North Carolina Legislative Update - June 2018 #2

Brooks Pierce on

After passing the budget and sending it to the Governor, the legislature turned its attention to other policy issues this week. Budget Veto (S99) - Governor Roy Cooper announced Wednesday that he was vetoing the...more

Hogan Lovells

California Judge Rules Against the Coffee Industry in Notable Acrylamide Proposition 65 Case

Hogan Lovells on

Food companies and retailers doing business in California should take note of the recent proposed statement of decision in the case challenging the coffee industry’s failure to warn of the presence of acrylamide in coffee...more

Perkins Coie

New Filings – February 7, 2018

Perkins Coie on

Newman v. Dierbergs Markets, Inc., No. 1822-CC00194 (Mo. Cir. Ct. – St. Louis): Putative class action asserting violations of Missouri’s Merchandising Practices Act, and raising a claim for unjust enrichment. Plaintiff...more

Perkins Coie

New Filings – January 19,2018

Perkins Coie on

Kelly v. Cameron’s Coffee and Distribution Company, No. 1816-CV00470 (Mo. Cir. Ct. – Jackson Cnty.): Putative class action asserting violations of the Missouri Merchandising Practices Act. Plaintiff alleges that Defendant...more

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