James Muehlberger at Shook, Hardy & Bacon L.L.P.

State Lawmakers Introduce Food Additive Bans - Food and Beverage Litigation and Regulatory Update

State lawmakers in three states have introduced bills seeking to prohibit the use of food additives, building on a first-in-the-nation law passed in California in 2023. In California, a state lawmaker has proposed a bill, AB...more

3/29/2024 / Additive Manufacturing , Food and Drug Administration (FDA) , Food Manufacturers , Food Safety , Food Supply , Proposed Regulation , Public Health

Graham Cracker Lawsuit to Continue

Afederal court in New York has dismissed some allegations in a complaint alleging Wakefern Food Corp.’s graham crackers packaging misleads consumers into believing the product has more whole grain graham flour than non-whole...more

3/26/2024 / Food Labeling , Food Manufacturers , Food Marketing , Product Packaging

FDA Announces End of PFAS Use in Food Packaging

The U.S. Food and Drug Administration (FDA) has announced that grease-proofing materials containing per- and polyfluoroalkyl substances (PFAS) are no longer being sold for use in food packaging in the United States. FDA...more

3/25/2024 / Food and Drug Administration (FDA) , Food Manufacturers , Food Safety , PFAS , Product Packaging

FDA Approves Qualified Health Claims for Yogurt

The U.S. Food and Drug Administration (FDA) will allow qualified health claims asserting the consumption of yogurt is associated with a reduced risk of type 2 diabetes, according to a constituent update. FDA reportedly found...more

3/22/2024 / Advertising , Food and Drug Administration (FDA) , Health Claims , Marketing

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

LEGISLATION, REGULATIONS & STANDARDS - FDA Approves Qualified Health Claims for Yogurt - The U.S. Food and Drug Administration (FDA) will allow qualified health claims asserting the consumption of yogurt is associated...more

3/19/2024 / Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Marketing , Food Safety , Food Supply , Made in the USA , USDA

Food and Beverage Litigation and Regulatory Update - March 2024

LEGISLATION, REGULATIONS & STANDARDS - FDA Announces End of PFAS Use in Food Packaging - The U.S. Food and Drug Administration (FDA) has announced that grease-proofing materials containing per- and polyfluoroalkyl...more

3/5/2024 / Food and Drug Administration (FDA) , Food Contamination , Food Manufacturers , Food Safety , PFAS , Product Packaging

Food and Beverage Litigation and Regulatory Update

LEGISLATION, REGULATIONS & STANDARDS - 20 State AGs Ask FDA to Act on Lead, Metals in Baby Food - Citing a wave of childhood lead poisoning connected to recalled applesauce pouches, a group of 20 state attorneys general...more

2/27/2024 / Advertising , Baby Products , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Safety , Marketing , PFAS , USDA

Food and Beverage Litigation and Regulatory Update - February 2024

LEGISLATION, REGULATIONS & STANDARDS - Illinois Lawmaker Proposes Food Additive Ban - An Illinois State Senator has proposed a law that would ban four food additives. State Sen. Willie Preston (D-Chicago) introduced Senate...more

2/12/2024 / Additive Manufacturing , Energy Drinks , Food Labeling , Food Manufacturers , Food Safety , Food Supply , USDA

Illinois Lawmaker Proposes Food Additive Ban - Food and Beverage Litigation and Regulatory Update

An Illinois State Senator has proposed a law that would ban four food additives. State Sen. Willie Preston (D-Chicago) introduced Senate Bill 2637, which seeks to ban brominated vegetable oil, potassium bromate, propylparaben...more

2/9/2024 / Additive Manufacturing , Food Manufacturers , Food Safety , Food Supply , Public Health

GAO: FDA Should Finalize Plans to Implement New Traceability Rule

The Government Accountability Office (GAO) has recommended that the U.S. Food and Drug Administration (FDA) finalize its plans for implementing a rule that would aim to help trace the sources of outbreaks of foodborne...more

2/8/2024 / Food and Drug Administration (FDA) , Food Safety , Food Supply , GAO

Food and Beverage Litigation and Regulatory Update - January 2024

LEGISLATION, REGULATIONS & STANDARDS - GAO: FDA Should Finalize Plans to Implement New Traceability Rule - The Government Accountability Organization (GAO) has recommended that the U.S. Food and Drug Administration (FDA)...more

1/30/2024 / European Food Safety Authority (EFSA) , Food and Drug Administration (FDA) , Food Contamination , Food Safety , GAO , NAD , Trademarks

Food and Beverage Litigation and Regulatory Update - December 2023

Shook Partner Published on New York Consumer Protection Laws - Cary Silverman, a partner in the firm’s Public Policy Group, was published in Albany’s Times Union letters to the editor on a proposed New York consumer...more

12/11/2023 / Beverage Manufacturers , Bioengineering , Federal Trade Commission (FTC) , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , USDA

FDA Proposes Ban on Brominated Vegetable Oil

The U.S. Food and Drug Administration (FDA) has proposed banning the use of brominated vegetable oil (BVO) in food, concluding the intended use of BVO is no longer considered safe. The agency currently allows the use of BVO,...more

11/28/2023 / Food and Drug Administration (FDA) , Food Manufacturers , Food Safety , Food Supply

Food and Beverage Litigation and Regulatory Update - November 2023

LEGISLATION, REGULATIONS & STANDARDS - FDA Proposes Ban on Brominated Vegetable Oil - The U.S. Food and Drug Administration (FDA) has proposed banning the use of brominated vegetable oil (BVO) in food, concluding the...more

11/13/2023 / Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Safety , Food Supply , USDA

California Gov. Signs Food Additive Bill, Groups Urge FDA to Act

California Gov. Gavin Newsom signed a first-in-the-nation bill banning four food additives, prompting a food industry group to call on the U.S. Food and Drug Administration (FDA) to take action in response. The California...more

11/6/2023 / Additive Manufacturing , Food and Drug Administration (FDA) , Food Manufacturers , Food Safety , Food Supply

Food and Beverage Litigation and Regulatory Update - October 2023 #2

LEGISLATION, REGULATIONS & STANDARDS - California Gov. Signs Food Additive Bill, Groups Urge FDA to Act - California Gov. Gavin Newsom signed a first-in-the-nation bill banning four food additives, prompting a food...more

10/27/2023 / Food and Drug Administration (FDA) , Food Manufacturers , Food Safety , Food Supply , Trademarks , USDA

Food and Beverage Litigation and Regulatory Update - October 2023

LEGISLATION, REGULATIONS & STANDARDS - FDA Draft Guidance Seeks to Minimize Allergen Cross-Contact, Undeclared Allergens - The U.S. Food and Drug Administration (FDA) has issued updated draft guidance to help food...more

10/9/2023 / Advertising , Agricultural Sector , Energy Drinks , Food and Drug Administration (FDA) , Marketing , Popular

Court Dismisses Burger-Size Advertising Claims Against McDonald’s, Wendy’s

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

10/9/2023 / Advertising , Class Action , Marketing , McDonalds , Wendy's

Burger King Whopper Lawsuit to Proceed

AFlorida federal court has denied a motion to dismiss some claims in a lawsuit alleging Burger King Corp. “materially overstates” the size of its hamburgers. Coleman v. Burger King Corp., No. 22-20925 (S.D. Fla., entered...more

10/4/2023 / Advertising , Burger King , Marketing , Motion to Dismiss

Amended Food Additive Bill Advances to California Governor’s Desk

The California Senate has passed an amended version of a first-in-the-nation bill seeking to ban certain food additives, removing titanium dioxide from the list of prohibited additives and pushing back when the law would take...more

10/4/2023 / Food Manufacturers , Food Safety , Governor Newsom

Food and Beverage Litigation and Regulatory Update - September 2023 #2

LEGISLATION, REGULATIONS & STANDARDS - Amended Food Additive Bill Advances to California Governor’s Desk - The California Senate has passed an amended version of a first-in-the-nation bill seeking to ban certain food...more

9/18/2023 / Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Safety , Food Supply

Food and Beverage Litigation and Regulatory Update - September 2023

LEGISLATION, REGULATIONS & STANDARDS - FDA Announces First Deputy Commissioner for Human Foods - The U.S. Food and Drug Administration (FDA) has named James Jones as the agency's first Deputy Commissioner for Human Foods....more

9/5/2023 / Advertising , Burger King , Food and Drug Administration (FDA) , Food Manufacturers , Marketing , Product Packaging

Food and Beverage Litigation and Regulatory Update - August 2023

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

8/21/2023 / Advertising , Class Action , False Advertising , Food and Drug Administration (FDA) , Food Safety , Taco Bell , Trademark Infringement

Food and Beverage Litigation and Regulatory Update - July 2023 #2

LEGISLATION, REGULATIONS & STANDARDS - FDA Issues Update on Sesame Allergen Labeling - The U.S. Food and Drug Administration (FDA) has released an FDA Voices “Catching Up with Califf” update that addresses the practice...more

7/31/2023 / Food and Drug Administration (FDA) , Labeling , Manufacturers , Marketing , Misappropriation , PFAS , Trade Secrets , Trademarks

FDA Announces Revised Plans for Human Foods Program

The U.S. Food and Drug Administration (FDA) has announced additional proposed changes to the Office of Regulatory Affairs (ORA) as part of its proposal to create a unified Human Foods Program (HFP), building on a proposal...more

7/5/2023 / FDA Commissioner , Food and Drug Administration (FDA) , Food Safety

James Muehlberger

Shook, Hardy & Bacon L.L.P.

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