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
11/14/2024
/ Additive Manufacturing ,
Class Action ,
Damages ,
Food & Drug Regulations ,
Food Contamination ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
Lead ,
Listeria ,
Public Health
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
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
A federal court in New York has thrown out a proposed class action claiming that McDonald’s and Wendy’s advertisements overstate the toppings and hamburger patty size compared to the products that customers receive. Chimienti...more
LEGISLATION, REGULATIONS & STANDARDS -
FDA Revokes GRAS Status from PHOs -
The U.S. Food and Drug Administration (FDA) has amended regulations in light of its determination that partially hydrogenated oils (PHOs) are no...more
Slack Fill Decision Cites Shook Attorneys’ Article
An opinion issued by the U.S. District Court for the Eastern District of Missouri has cited Shook Partners Cary Silverman and Jennifer Artman’s Missouri Bar Journal article...more
The U.S. Food and Drug Administration (FDA) has written a letter to the manufacturers and developers of new plant varieties, urging them to fully consider the potential ramifications of transferring the genes of allergens to...more
5/1/2023
/ BPA ,
Child Labor ,
Class Action ,
Comment Period ,
Data Breach ,
European Food Safety Authority (EFSA) ,
Food Allergies ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Safety ,
Food Supply ,
Grocery Stores ,
Human Rights ,
Plant Based Products ,
Public Health ,
USDA
A federal court in New York has thrown out a proposed class action against the maker of Cup Noodles and other instant noodle products claiming that its use of the phrase “No Added MSG” deceived consumers. Henry v. Nissin...more
An Illinois man has filed a lawsuit against Buffalo Wild Wings, accusing the restaurant chain of misleading consumers into believing its boneless wings are actually chicken wings. Halim v. Buffalo Wild Wings Inc., No. 23-1495...more
3/20/2023
/ Class Action ,
Common Law Claims ,
Consumer Fraud ,
Express Warranty ,
False Advertising ,
Food Labeling ,
Food Marketing ,
Franchises ,
Misleading Impressions ,
Restaurant Industry ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment
LEGISLATION, REGULATIONS & STANDARDS -
California Lawmakers Introduce Legislation to Ban Five Food Additives -
California lawmakers have introduced first-in-the-nation legislation seeking to ban five food...more
3/20/2023
/ Additive Manufacturing ,
Baby Products ,
Class Action ,
False Advertising ,
Food & Drug Regulations ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
Popular ,
Public Health ,
Retail Market
Shook Senior Counsel Talks FDA on NOSH Podcast -
NOSH has interviewed Shook Senior Counsel John Johnson for an episode of its podcast. The episode discusses the implications of the December 2022 Reagan-Udall Foundation...more
1/23/2023
/ Breach of Contract ,
Class Action ,
False Advertising ,
Food & Drug Regulations ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Recalls ,
Food Safety ,
Food Supply ,
Organic ,
Public Health ,
Retail Market ,
Unfair Competition Law (UCL)
The U.S. Department of Agriculture (USDA) has announced a public meeting to hear from stakeholders on positions for the December 2022 meeting of the Codex Committee on Food Hygiene. Topics to be covered include draft...more
FDA Enters New Phase Of FSVP Enforcement -
The U.S. Food and Drug Administration (FDA) has entered a new phase of enforcement for the Foreign Supplier Verification Program (FSVP) regulation, the legally required due...more
7/20/2020
/ Class Action ,
Class Certification ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Dietary Guidelines ,
Food and Drug Administration (FDA) ,
Food Safety ,
Food Supply ,
Foreign Suppliers ,
Imports ,
Meat Processing Plants ,
Regulatory Oversight ,
Safety Inspections ,
Slack-Fill Suits ,
USDA
SPOTLIGHT -
COVID-19 Brings Price-Gouging Litigation To California -
California often serves as an incubator for litigation that thereafter sweeps across the country. This phenomenon may hold true for newly minted...more
6/4/2020
/ Amazon Marketplace ,
Antitrust Provisions ,
Antitrust Violations ,
Class Action ,
Coronavirus/COVID-19 ,
Corruption ,
E-Commerce ,
Food Supply ,
Goods or Services ,
Price Gouging ,
Price Inflation ,
Supply Chain ,
Unfair or Deceptive Trade Practices ,
White Collar Crimes
LEGISLATION, REGULATIONS & STANDARDS -
FDA Releases Guidance on Intentional Adulteration -
The U.S. Food and Drug Administration (FDA) has released the third and final installment of its draft guidance on intentional...more
3/2/2020
/ Beverage Manufacturers ,
Class Action ,
Class Certification ,
Corrective Actions ,
Dismissal With Prejudice ,
Food and Drug Administration (FDA) ,
Food Contamination ,
Food Manufacturers ,
Food Marketing ,
Food Safety ,
Food Supply ,
FSMA ,
Intellectual Property Protection ,
Kellogg Company ,
Logos ,
Motion to Dismiss ,
Public Health ,
Recordkeeping Requirements ,
Regulatory Oversight ,
Regulatory Requirements ,
Retail Market ,
Rulemaking Process ,
Settlement Negotiations ,
Switzerland ,
Vulgar or Offensive Marks ,
Wine & Alcohol
LEGISLATION, REGULATIONS & STANDARDS -
CBD Explodes In Popularity But Hits Regulatory Wall -
Following the passage of the 2018 Farm Bill, which legalized the cultivation of hemp, cannabidiol (CBD) became the star...more
12/23/2019
/ Agribusiness ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Class Action ,
Decriminalization of Marijuana ,
Dispensaries ,
Farm Bill ,
Food Allergies ,
Food and Drug Administration (FDA) ,
Food Safety ,
Food Supply ,
Health Claims ,
Hemp ,
Interstate Commerce ,
Marijuana ,
Marijuana Cultivation ,
Marijuana Related Businesses ,
Misleading Impressions ,
PFAS ,
Plant Based Products ,
Product Packaging ,
Public Health ,
Regulatory Oversight ,
Retailers
LEGISLATION, REGULATIONS & STANDARDS -
FDA Issues First Warning Letter for FSMA Foreign Supplier Program -
The U.S. Food and Drug Administration (FDA) has issued the first warning letter enforcing the Food Safety...more
8/26/2019
/ Class Action ,
Class Certification ,
Country of Origin ,
Food Allergies ,
Food and Drug Administration (FDA) ,
Food Contamination ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
Foreign Suppliers ,
FSMA ,
Marketing ,
NPR ,
Nutrition Facts Labels ,
OEHHA ,
Plant Based Products ,
Public Health ,
Restaurant Industry ,
TTB ,
Unjust Enrichment ,
Warning Letters ,
Wine & Alcohol
Silverman Speaks to Congressional Staff About Food Litigation Trends -
Shook Partner Cary Silverman was an invited panelist at The George Mason University Antonin Scalia Law School’s Law and Economics Center’s...more
5/6/2019
/ Agricultural Sector ,
Beer ,
Beverage Manufacturers ,
Breweries ,
Class Action ,
Distilleries ,
Environmental Protection Agency (EPA) ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food Allergies ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Gerber ,
GRAS ,
Hemp ,
Marijuana-Infused Edibles ,
New Legislation ,
Nutrition Facts Labels ,
Pending Legislation ,
Pesticides ,
Plastic Straw Ban ,
Public Health ,
TTB ,
Wine & Alcohol ,
Wineries
CBD, FSMA, Class Actions Among Topics at GMA Conference -
Class action litigation, the legal landscape for cannabis and the evolving implementation of the Food Safety Modernization Act (FSMA) were trending topics at the...more
3/8/2019
/ Administrative Resignation ,
Beverage Manufacturers ,
Cannabidiol (CBD) oil ,
Class Action ,
False Advertising ,
Farm Animals ,
Fashion Design ,
FOIA ,
Food and Drug Administration (FDA) ,
FSMA ,
Hemp ,
In-N-Out ,
Livestock Protocol ,
Marijuana ,
Marijuana Related Businesses ,
Marijuana-Infused Edibles ,
Product Packaging ,
Puma ,
Regulatory Agenda ,
Salmonella ,
Slack-Fill Suits ,
Trade Dress ,
Trademark Infringement ,
USDA
LEGISLATION, REGULATIONS & STANDARDS -
Some FDA Inspectors Called to Work During Shutdown -
In a series of tweets, U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb announced that about 200 food...more
1/25/2019
/ Beverage Manufacturers ,
Cannabidiol (CBD) oil ,
Class Action ,
Class Certification ,
Dietary Supplements ,
Energy Drinks ,
Federal Budget ,
Federal Funding ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Safety ,
Food Supply ,
Government Shutdown ,
Health Claims ,
Legislative Agendas ,
Livestock Protocol ,
Marijuana Related Businesses ,
Marijuana-Infused Edibles ,
Ocean Spray ,
Organic ,
Regulatory Agenda ,
Regulatory Requirements ,
Trump Administration ,
US-Mexico Border Wall
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
12/7/2018
/ Administrative Agencies ,
Beverage Manufacturers ,
Class Action ,
Class Certification ,
European Food Safety Authority (EFSA) ,
Farms ,
Food and Drug Administration (FDA) ,
Food Contamination ,
Food Manufacturers ,
Food Supply ,
Marketing Perspectives ,
Misleading Impressions ,
Natural Products ,
Ocean Spray ,
Regulatory Oversight ,
USDA
LEGISLATION, REGULATIONS & STANDARDS -
FDA Seeks Input on Plant-Based Milks -
The U.S. Food and Drug Administration (FDA) has solicited public input on questions related to plant-based substitutes for dairy products...more
10/4/2018
/ Advertising Standards Authority ,
Beverage Manufacturers ,
BPA ,
Chipotle Grill ,
Class Action ,
Class Certification ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
False Advertising ,
Farm Bill ,
Farms ,
Fast-Food Industry ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
GMO ,
Health Claims ,
Imports ,
Natural Products ,
Ocean Spray ,
Pesticides ,
Putative Class Actions ,
Religious Discrimination ,
Request For Information ,
Slack-Fill Suits ,
SNAP Program ,
Toxic Exposure ,
UK
LEGISLATION, REGULATIONS & STANDARDS -
FDA Provides Update on Antimicrobial Resistance -
The U.S. Food and Drug Administration (FDA) has published Commissioner Scott Gottlieb’s September 14, 2018, remarks delivered at...more
9/19/2018
/ Agribusiness ,
Agricultural Sector ,
Antibiotics ,
Beverage Manufacturers ,
Bias ,
Class Action ,
Conciliation ,
Dismissals ,
Dogs ,
Equal Employment Opportunity Commission (EEOC) ,
Farm Animals ,
Fast-Food Industry ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Safety ,
Food Supply ,
Franchises ,
Gender Discrimination ,
Grocery Stores ,
Legislative Agendas ,
Livestock Protocol ,
Misrepresentation ,
Nutrition Facts Labels ,
Proposed Legislation ,
Public Meetings ,
Retail Market ,
Settlement Agreements ,
Sexual Harassment ,
Slack-Fill Suits ,
Trader Joes
LEGISLATION, REGULATIONS & STANDARDS -
Mass. Governor Vetoes Raw Milk Bill -
Massachusetts Governor Charlie Baker has vetoed a state environmental bond bill containing a provision that would allow raw milk sales at farm...more
8/22/2018
/ Breweries ,
Cease and Desist Orders ,
China ,
Class Action ,
Class Certification ,
Department of Justice (DOJ) ,
Fishing Industry ,
Food and Drug Administration (FDA) ,
Food Contamination ,
Food Supply ,
Governor Vetoes ,
Health Claims ,
In-N-Out ,
Intellectual Property Protection ,
Kellogg Company ,
Legislative Agendas ,
Likelihood of Confusion ,
Misleading Impressions ,
Plastic Straw Ban ,
Proposed Legislation ,
Public Health ,
Putative Class Actions ,
Restaurant Industry ,
Salmon ,
Seafood ,
State and Local Government ,
Trade Dress ,
Trademarks
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
6/18/2018
/ Appeals ,
Baby Products ,
Chipotle Grill ,
Class Action ,
Dietary Guidelines ,
Dietary Supplements ,
Environmental Policies ,
Fair Use ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Lanham Act ,
Misleading Impressions ,
Nutrition Facts Labels ,
Organic ,
Public Health ,
Regulatory Oversight ,
Regulatory Requirements ,
Seafood ,
Slack-Fill Suits ,
State and Local Government ,
Trademarks ,
Wine & Alcohol