Abby Meyer on Food and Drug Administration (FDA)

FDA Moves to End Use of Brominated Vegetable Oil in Food

Within a month of California becoming the first state in the nation to ban manufacturing with, selling, or distributing food items that contain brominated vegetable oil (BVO), FDA has proposed to revoke the regulation...more

11/9/2023 / California , Food and Drug Administration (FDA) , Food Manufacturers , GRAS , State Bans , Supply Chain , Toxic Chemicals

New California Bill Seeks to Eliminate Certain Food Additives

Candy and sports drink aisles in California grocery stores could look very different if AB418 is passed into law. The California Assembly has proposed amending the state’s Health and Safety Code to prevent the manufacture,...more

4/12/2023 / California , Food and Drug Administration (FDA) , Food Manufacturers

“Dietary Guidance Statements” in Food Labeling: What You Need to Know About FDA’s Latest Draft Guidance for the Food Industry

On March 24, 2023, FDA issued its draft guidance for industry regarding the use of “Dietary Guidance Statements” on food labeling. FDA defines “Dietary Guidance Statements” as voluntary labeling statements, images, or words...more

4/12/2023 / Dietary Supplements , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers

Comment Period for “Healthy” Regulations Extended; But Consumer Class Actions Targeting “Health Halos” May Continue

The U.S. Food and Drug Administration (FDA) has extended the comment period for its proposed new “healthy” regulations for food packaging. The new deadline for comments is February 16, 2023. The 50-day extension follows...more

12/22/2022 / Comment Period , Draft Guidance , Food and Drug Administration (FDA) , Nutrition Facts Labels , Product Identifiers , Product Packaging , Proposed Regulation

FDA Boosts Protein Preemption Defense

Recent FDA guidance for determining and declaring the protein grams in a serving has helped muscle a class action out of federal court. FDA’s guidance clarifies that protein nutrient content claims under 21 CFR 101.9(c)(7)...more

2/17/2022 / Beverage Manufacturers , Class Action , Consumers , Disclosure , False Advertising , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Motion to Dismiss , Unfair Competition Law (UCL)

“I’ll Be Back;” Ninth Circuit Gives Arnold Schwarzenegger-Branded Supplement Purchasers Another Shot to Pursue UCL, FAL, CLRA and...

In Durnford v. MusclePharm Corp., plaintiff Durnford asserted that the company’s “Arnold Schwarzenegger Series Iron Mass” supplements are falsely labeled because the protein content of the supplements is misstated. Durnford...more

10/19/2018 / Advertising , CLRA , Dietary Supplements , Express Warranty , False Advertising , Federal Food Drug and Cosmetic Act (FFDCA) , Food and Drug Administration (FDA) , Misrepresentation , Preemption , Unfair Competition Law (UCL)

Ninth Circuit Confirms that Class Action Plaintiffs Must Plausibly Establish Future Intent To Re-Purchase To Maintain Claims for...

The ruling in Lanovaz v. Twinings N. Am., Inc., 2018 U.S. App. LEXIS 15248 (9th Cir. June 6, 2018), settles what was arguably an open issue among district courts within the Ninth Circuit. A plaintiff must have an intent to...more

6/27/2018 / Advertising , Article III , Beverage Manufacturers , CLRA , False Advertising , Food and Drug Administration (FDA) , Injunctive Relief , Standing , Unfair Competition Law (UCL)

Abby Meyer

Sheppard Mullin Richter & Hampton LLP

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