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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

FDA Announces Draft Guidance for Sodium Reduction Efforts - Food and Beverage Litigation and Regulatory Update

The U.S. Food and Drug Administration (FDA) has issued draft guidance that would support reducing the average individual sodium intake by about 20% of consumer intake levels prior to 2021....more

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

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

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

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

California Assembly Passes Food Additive Bill

The California Assembly has passed a first-in-the-nation bill banning the use of five food additives, including Red Dye No. 3 and titanium dioxide, in food products manufactured, sold or distributed in the state. The...more

Food and Beverage Litigation and Regulatory Update - May 2023 #3

LEGISLATION, REGULATIONS & STANDARDS California Assembly Passes Food Additive - Bill The California Assembly has passed a first-in-the-nation bill banning the use of five food additives, including Red Dye No. 3 and titanium...more

Food and Beverage Litigation and Regulatory Update - May 2023

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

Food and Beverage Litigation and Regulatory Update - April 2023

FDA Proposes Changes to Standards of Identity for Foods Including Salt- The U.S. Food and Drug Administration (FDA) has issued a proposed rule that would change the standards of identity (SOIs) for foods that include salt to...more

Food and Beverage Litigation and Regulatory Update - March 2023 #3

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

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

LEGISLATION, REGULATIONS & STANDARDS - USDA Proposes Rule Limiting 'Made in the USA' Claims for Meat, Poultry and Eggs - The U.S. Department of Agriculture (USDA) has issued a proposed rule that would tighten who can label...more

Study Reportedly Finds Potential Links Between Erythritol and Cardiovascular Risk

A study published February 27, 2023, in the journal Nature Medicine has purportedly found possible links between erythritol and major adverse cardiovascular events such as heart attack or stroke. Erythritol is an artificial...more

Food and Beverage Litigation and Regulatory Update - March 2023

LEGISLATION, REGULATIONS & STANDARDS - FDA Announces Update on Human Foods Program Restructuring - The U.S. Food and Drug Administration (FDA) has issued a news release with an update on the restructuring of its Human Foods...more

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

The U.S. Food and Drug Administration (FDA) has announced the availability of draft guidance for industry on labeling plant-based milk alternatives. The guidance indicates that plant-based milk alternatives can be labeled as...more

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

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

Evaluation of FDA Human Foods Program Finds Culture of “Constant Turmoil”

An independent review commissioned by the U.S. Food and Drug Administration (FDA) of the Human Foods Program has reportedly identified several issues with the agency’s culture. The key findings of the Reagan-Udall Foundation...more

Food & Beverage Litigation Update - December 2022 #2

LEGISLATION, REGULATIONS & STANDARDS - Evaluation of FDA Human Foods Program Finds Culture of “Constant Turmoil” - An independent review commissioned by the U.S. Food and Drug Administration (FDA) of the Human Foods Program...more

Food & Beverage Litigation Update l August 2020 #2

USDA Accepting Comments on Organic Rule Amendments - The U.S. Department of Agriculture (USDA) is accepting comments on the Agricultural Marketing Service’s proposed amendments to organic regulations concerning oversight...more

Food & Beverage Litigation Update | April 2020

What the FDA Requires for Food Safety During the COVID-19 Pandemic - The U.S. Food and Drug Administration’s (FDA) regulatory requirements for food companies, including manufacturers and importers, remain largely unchanged...more

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