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Food and Beverage Litigation and Regulatory Update - November 2024

The U.S. Codex Office will hold a public meeting on November 14, 2024, to receive public comments on agenda items and U.S. positions for the Codex Alimentarius Commission, held November 25-30, 2024, in Switzerland. Issues to...more

Listeria-Related Recalls Prompt Proposed Class Actions - Food and Beverage Litigation and Regulatory Update

Boar’s Head, Treehouse Foods and BrucePac face proposed class actions following a series of Listeria-related recalls. Harper v. Boar’s Head Provisions Co. Inc., No. 24-0860 (E.D. Cal., filed October 21, 2024)...more

Petition Seeks FDA Rulemaking Requiring Declaration of Animal-Derived Ingredients - Food and Beverage Litigation and Regulatory...

The Animal Legal Defense Fund (ALDF) and a coalition of 16 other organizations and individuals have submitted a petition for rulemaking calling on the U.S. Food and Drug Administration (FDA) to require that products...more

Food and Beverage Litigation and Regulatory Update - October 2024 #2

The Animal Legal Defense Fund (ALDF) and a coalition of 16 other organizations and individuals have submitted a petition for rulemaking calling on the U.S. Food and Drug Administration (FDA) to require that products...more

NAD Recommends Modifications on Tortilla Packaging - Food and Beverage Litigation and Regulatory Update

BBB National Programs’ National Advertising Division has recommended that Gruma Corp. discontinue and modify certain claims on its tortilla products. Olé Mexican Foods, Inc., a competitor, challenged Gruma's packaging claims....more

Food and Beverage Litigation and Regulatory Update - October 2024

BBB National Programs’ National Advertising Division has recommended that Gruma Corp. discontinue and modify certain claims on its tortilla products. Olé Mexican Foods, Inc., a competitor, challenged Gruma's packaging claims....more

USDA Issues Updated Guideline for Substantiating Animal-Raising Labeling Claims - Food and Beverage Litigation and Regulatory...

The U.S. Department of Agriculture’s (USDA's) Food Safety and Inspection Service (FSIS) has issued updated guidance on substantiating animal-raising and environment-related labeling claims on meat and poultry products. In the...more

Food and Beverage Litigation and Regulatory Update - September 2024

The U.S. Department of Agriculture’s (USDA's) Food Safety and Inspection Service (FSIS) has issued updated guidance on substantiating animal-raising and environment-related labeling claims on meat and poultry products. In the...more

Consumer Alleges Whole Grain Saltine Crackers Mislead Consumers - Food and Beverage Litigation and Regulatory Update

A New York woman has filed a putative class action alleging Mondelez Global LLC's Nabisco Whole Grain Premium Saltine Crackers' “whole grain” labeling is misleading because the main flour ingredient is non-whole grain...more

Food and Beverage Litigation and Regulatory Update - August 2024 #4

The United Kingdom’s Advertising Standards Authority (ASA) has banned a social media advertisement for food-delivery company Just Eat after finding the company had not taken all possible measures to prevent it from being...more

Food and Beverage Litigation and Regulatory Update - August 2024 #2

LEGISLATION, REGULATIONS & STANDARDS - EPA Takes Emergency Action to Stop Use of Dacthal - For the first time in nearly 40 years, the U.S. Environmental Protection Agency (EPA) has issued an emergency order to suspend all...more

Food and Beverage Litigation and Regulatory Update - August 2024

LEGISLATION, REGULATIONS & STANDARDS - Lawmakers Introduce Bill Banning Commercial Octopus Farming - A bipartisan group of U.S. senators has introduced a law that would ban commercial octopus farming in the United States...more

FDA Announces Draft Guidance for Sodium Reduction Efforts - Food and Beverage Litigation and Regulatory Update

The U.S. Food and Drug Administration (FDA) has issued draft guidance that would support reducing the average individual sodium intake by about 20% of consumer intake levels prior to 2021....more

Food and Beverage Litigation and Regulatory Update - August 2024 #3

LEGISLATION, REGULATIONS & STANDARDS - FDA Announces Draft Guidance for Sodium Reduction Efforts - The U.S. Food and Drug Administration (FDA) has issued draft guidance that would support reducing the average individual...more

EPA Takes Emergency Action to Stop Use of Dacthal - Food and Beverage Litigation and Regulatory Update

For the first time in nearly 40 years, the U.S. Environmental Protection Agency (EPA) has issued an emergency order to suspend all registrations of the pesticide dimethyl tetrachloroterephthalate (also known as DCPA or...more

USDA Announces New Policy to Curb Salmonella in Raw Poultry Products - Food and Beverage Litigation and Regulatory Update

The U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) has issued a proposed rule and determination to reduce Salmonella contamination and illnesses associated with raw poultry products....more

Food and Beverage Litigation and Regulatory Update - July 2024

LEGISLATION, REGULATIONS & STANDARDS - FDA Revokes Rule Allowing Brominated Vegetable Oil in Foods - The U.S. Food and Drug Administration (FDA) has revoked its regulation authorizing the use of brominated vegetable oil...more

FDA Revokes Rule Allowing Brominated Vegetable Oil in Foods - Food and Beverage Litigation and Regulatory Update

The U.S. Food and Drug Administration (FDA) has revoked its regulation authorizing the use of brominated vegetable oil as a food ingredient used to stabilize flavoring oils in fruit-flavored beverages after concluding it is...more

Lawsuit Challenges Poppi Soda’s Prebiotic, Gut-Health Marketing Claims

VNGR Beverage LLC faces a proposed class action alleging the company makes misleading health claims about its Poppi soda products. Cobbs v. VNGR Beverage, LLC, No. 24-3229 (N.D. Cal., filed May 29, 2024)....more

UK Labour Party Intends to Ban Energy Drink Sales to Children

The UK Labour Party has signaled that it intends to ban the sale of highly caffeinated energy drinks to those under the age of 16 should it prevail in the country’s July 4, 2024, general election....more

Food and Beverage Litigation and Regulatory Update - June 2024 #2

LEGISLATION, REGULATIONS & STANDARDS - UK Labour Party Intends to Ban Energy Drink Sales to Children - The UK Labour Party has signaled that it intends to ban the sale of highly caffeinated energy drinks to those under...more

Food and Beverage Litigation and Regulatory Update - June 2024

LEGISLATION, REGULATIONS & STANDARDS - FDA Receives Approval for Reorganization Creating Unified Human Foods Program - The U.S. Food and Drug Administration (FDA) has received approval for a reorganization proposal seeking...more

Food and Beverage Litigation and Regulatory Update - May 2024

LEGISLATION, REGULATIONS & STANDARDS - Agencies Take Action on PFAS - New FDA Data Shows PFAS Not Prevalent in Tested Foods - The U.S. Food and Drug Administration (FDA) reportedly found per- and poly-fluoroalkyl...more

Pistachio Ice Cream Flavoring Claims Allowed to Proceed - Food and Beverage Litigation and Regulatory Update

A federal court has denied a motion by Kahala Franchising to dismiss claims that it misleads consumers into believing Cold Stone Creamery’s pistachio-flavored ice cream contains pistachios. Duncan v. Kahala Franchising,...more

Food and Beverage Litigation and Regulatory Update - March 2024 #3

LEGISLATION, REGULATIONS & STANDARDS  - State Lawmakers Introduce Food Additive Bans - State lawmakers in three states have introduced bills seeking to prohibit the use of food additives, building on a first-in-the-nation...more

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