News & Analysis as of

U.S. Department of Agriculture Natural Products

Harris Beach PLLC

Food and Beverage Trends: Regulatory Developments on Dietary Guidance Statements, Salt, and Chicken; More Litigation on...

Harris Beach PLLC on

Salt, chicken, and more were on the minds of federal regulators in April, as the U.S. Food and Drug Administration (“FDA”) issued proposed rules and labeling guidance on food products, and the USDA was petitioned to better...more

Skadden, Arps, Slate, Meagher & Flom LLP

Food and Beverage Labeling Litigation: Recent Trends

The food and beverage industries introduced numerous technologies and products over the past year and a half that have raised new questions about advertising practices and presented novel legal issues regarding how goods are...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l October 2020

FDA Finds Milk Allergens in Dark Chocolate Samples - The U.S. Food and Drug Administration (FDA) has announced the results of a study examining 52 dark chocolate products, determining that four of the products had...more

Womble Bond Dickinson

Can a food product with trace pesticide residue be marketed as “natural”?

Womble Bond Dickinson on

FDA policy prohibits a food product from being labeled “natural” if it contains anything “artificial or synthetic (including all color additives regardless of source)” (56 FR 60421 at 60466, November 27, 1991). This...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l March 2020

FDA Warning Letters Provide Opportunity for Food-Safety Reminders During Viral and Bacterial Outbreaks - The U.S. Food and Drug Administration (FDA) sent warning letters to Jimmy John’s Franchise, LLC and its supplier...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l December 2019

LEGISLATION, REGULATIONS & STANDARDS - FDA Issues Warning Letters, Consumer Update On CBD, Sparking Litigation Against CBD Cos. - The U.S. Food and Drug Administration (FDA) has issued a consumer update on cannabidiol...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l July 2019 #2

Shook Takes the Pulse of General Counsel on Maturation of Global Cannabis Market - More than half of in-house counsel surveyed in a new white paper by Shook, Hardy & Bacon plan to increase legal spending in the next two...more

BakerHostetler

Judge Rules That USDA’s Approval of “Natural” Label Claims Protects Same Claims Used in Advertising

BakerHostetler on

On April 8, 2019, a judge in the Superior Court of the District of Columbia, Civil Division, granted summary judgment to Hormel Food Corporation (Hormel) in a case filed by the Animal Legal Defense Fund (ALDF) on the grounds...more

Proskauer - Advertising Law

Snack Bar Class Action Powers On After USDA Action and FDA Inaction

Unlike a fine wine, a snack bar does not get better with age. Neither, apparently, does litigation. Last month, Judge William H. Pauley III in the Southern District of New York lifted a years-long stay in a lawsuit against...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l December 2018

LEGISLATION, REGULATIONS & STANDARDS - USDA Redistributes Responsibilities Among Agencies - The U.S. Department of Agriculture (USDA) has reallocated responsibilities between its agencies, resulting in the elimination...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l November 2018 #4

LEGISLATION, REGULATIONS & STANDARDS - USDA, FDA Announce Joint Regulation of Cell-Cultured Livestock and Poultry Products - The U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) have...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | May 2018 #3

WHO Announces Plan to Eliminate Trans Fat from Global Food Supply - The World Health Organization (WHO) has announced “a step-by-step guide for the elimination of industrially-produced trans-fatty acids from the global...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | March 2018 #3

USDA Withdraws Organic Livestock and Poultry Rule - The U.S. Department of Agriculture (USDA) has issued a final rule withdrawing the Organic Livestock and Poultry Practices Rule, leaving existing organic regulations in...more

Jones Day

Food, Dietary Supplement & Cosmetics Update | Vol. IV, Issue 7

Jones Day on

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

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | October 2017 #4

Furans in Baby Food May Pose Health Risk, EFSA Reports - The European Food Safety Authority (EFSA) has issued an assessment of the risks of furans and related compounds 2- and 3-methylfurans, concluding that they pose a...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update | June 2017 #3

FDA Delays Compliance Date for Nutrition Facts Labeling - The U.S. Food and Drug Administration (FDA) has announced that it will postpone the deadline for food companies to use a revised Nutrition Facts label on packaged...more

BCLP

New Federal Law Will Require Disclosure of GMO Content in Food

BCLP on

A new federal law will require food makers to disclose when foods contain genetically modified ingredients. The law, which was recently signed by President Obama, will require such food products to be labeled with text,...more

Locke Lord LLP

What Does “Natural” Mean To You? FDA Solicits Comments & Information On Use Of The Term On Food Labels As It Considers Rulemaking

Locke Lord LLP on

While FDA action has been long anticipated, it comes as a surprise in light of the FDA’s conscious abstention on the term thus far. For example, despite publishing a proposed rule and soliciting comments on defining the term...more

Faegre Drinker Biddle & Reath LLP

FDA Requests Comments on Use of Term "Natural" on Food Labeling

After years of litigation and controversy around use of the term "natural" on food labels, the U.S. Food and Drug Administration (FDA) is now seeking comments on the issue. This action has important implications for companies...more

Seyfarth Shaw LLP

Be Careful About What you Claim – Or Fail to Claim – FTC Sends Green Guides Warning Letters

Seyfarth Shaw LLP on

Last week the Federal Trade Commission (FTC) sent warning letters to providers of environmental certification seals, and to businesses using those seals, alerting them to the Commission’s concerns that the seals “could be...more

Mintz - Consumer Product Safety Viewpoints

U.S. House Passes GMO Labeling Legislation

Today the Safe and Accurate Food Labeling Act of 2015 passed the House, in a vote of 275 to 150 (more information here). Still a hot-button issue, opposition to the Act is emotionally charged, with those opposed to the bill...more

Mintz - Consumer Product Safety Viewpoints

The Patchwork Solidifies: GMO Bill Moves Forward in the House

The proposed Federal regulation of GMOs is proceeding. Following the White House’s recent action on GMOs, Representative Pompeo’s “Safe and Accurate Food Labeling Act” (H.R. 1599) was passed by the House Agriculture Committee...more

Mintz - ML Strategies

Food Labeling, Food Safety & Nutrition - July 2015

Mintz - ML Strategies on

The Obama Administration’s robust use of executive authority on issues related to food labeling, food safety, and nutrition continue to position these issues as a priority for the remainder of the President’s term in office....more

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