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
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...more
LEGISLATION, REGULATIONS & STANDARDS -
Group Petitions USDA to Prohibit ‘Low-Carbon Beef’ Label, Require Verification for Carbon Claims -
The Environmental Working Group (EWG) has petitioned the U.S. Department of...more
5/16/2023
/ Animal Cruelty ,
Beverage Manufacturers ,
California ,
Dormant Commerce Clause ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Food Safety ,
Food Safety and Inspection Service (FSIS) ,
Food Supply ,
GMO ,
Legislative Agendas ,
Natl Pork Prods Council v Ross ,
Product Labels ,
Proposed Regulation ,
Public Health ,
Putative Class Actions ,
Regulatory Agenda ,
Regulatory Reform ,
Salmonella ,
SCOTUS ,
Unfair or Deceptive Trade Practices ,
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
LEGISLATION, REGULATIONS & STANDARDS -
Report: FDA Food Recalls Jumped 700% from 2021 to 2022 -
The number of individual units of food and drink recalled by the U.S. Food and Drug Administration (FDA) in 2022 increased...more
3/27/2023
/ Americans with Disabilities Act (ADA) ,
Beverage Manufacturers ,
Disability Discrimination ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
False Advertising ,
Food & Drug Regulations ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Food Recalls ,
Marketing ,
Papa John's International ,
Wine & Alcohol
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
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
3/15/2023
/ Commercial Marketing ,
Country of Origin ,
False Advertising ,
Food & Drug Regulations ,
Food Manufacturers ,
Food Supply ,
Genetically Engineered Seed ,
Made in the USA ,
Misleading Impressions ,
Plant Based Products ,
Popular ,
Product Labels ,
Public Health ,
Regulatory Violations ,
Retail Market ,
USDA ,
World Health Organization
A New York court has dismissed with prejudice a complaint alleging that Mondelez Global misleads consumers by selling “Fudge Covered” Oreos produced without dairy ingredients containing milkfat. Leonard v. Mondelez Global...more
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
3/6/2023
/ False Advertising ,
Food & Drug Regulations ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Food Safety and Inspection Service (FSIS) ,
Food Supply ,
Organic ,
Popular ,
Public Health ,
Regulatory Agenda ,
Regulatory Oversight ,
Wine & Alcohol
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
2/27/2023
/ Beverage Manufacturers ,
False Advertising ,
Food & Drug Regulations ,
Food Allergies ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Recalls ,
Food Supply ,
Fraudulent Marketing ,
PFAS ,
Plant Based Products ,
Public Health ,
Regulatory Agenda
U.S. Food and Drug Administration (FDA) Commissioner Robert M. Califf announced in a Jan. 31 statement that the agency intends to reorganize its Human Foods Program and Office of Regulatory Affairs (ORA) after receiving the...more
2/13/2023
/ Baby Products ,
False Advertising ,
Food & Drug Regulations ,
Food and Drug Administration (FDA) ,
Food Safety ,
Food Supply ,
Regulatory Agenda ,
Regulatory Reform ,
Retail Market ,
School Lunch Programs ,
USDA
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)
LEGISLATION, REGULATIONS & STANDARDS -
Omnibus Spending Bill Includes Congressional Notes to FDA -
President Biden has signed a spending bill that includes additional funding for the U.S. Food and Drug Administration (FDA)...more
1/9/2023
/ All Natural ,
Beverage Manufacturers ,
Biden Administration ,
False Advertising ,
Federal Funding ,
Food & Drug Regulations ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
Natural Products ,
Popular ,
Regulatory Oversight ,
Regulatory Reform ,
Target ,
Unfair or Deceptive Trade Practices
Pickle maker Grillo's Pickles, Inc. has filed suit against the maker of Wahlburgers pickles, alleging the company makes misleading claims about its pickles' freshness and all natural and preservative-free status. Grillo's...more
A Florida woman has filed a putative class action against Kraft Heinz Foods Co. alleging the company misleads consumers as to the cook time of its Velveeta-brand microwavable macaroni and cheese product. Ramirez v. Kraft...more
Court Dismisses Beef “Product of the USA” Lawsuit -
A New Mexico federal court has dismissed allegations that several food companies falsely labeled beef as a “Product of the USA” because the cattle were raised in other...more
9/21/2020
/ Beverage Manufacturers ,
European Food Safety Authority (EFSA) ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Hemp Cultivation ,
Interim Final Rules (IFR) ,
Magnuson-Moss Act ,
Nutrition Facts Labels ,
Permanent Injunctions ,
PFAS ,
Plant Based Products ,
Produce Safety Rule ,
USDA
U.K. to Implement New Food Advertising Standards -
U.K. Prime Minister Boris Johnson has announced a series of measures aimed at limiting advertising for foods high in salt, sugar and fat. The measures include a ban on...more
8/3/2020
/ Administrative Procedure Act ,
Advertising ,
Beverage Manufacturers ,
Counterfeit Goods Regulation ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Food Safety and Inspection Service (FSIS) ,
Nutrition Facts Labels ,
Putative Class Actions ,
UK ,
USDA
LEGISLATION, REGULATIONS & STANDARDS -
EU Announces “Farm to Fork Strategy”
The European Commission has announced the adoption of strategies to support biodiversity and “transition to a sustainable EU food system that...more
5/26/2020
/ Agribusiness ,
APHIS ,
Business Disruption ,
Coronavirus/COVID-19 ,
E-Coli ,
EU ,
False Advertising ,
Family Assistance Plans ,
Farms ,
Federal Grants ,
Food and Drug Administration (FDA) ,
Food Contamination ,
Food Supply ,
GMO ,
Legislative Agendas ,
Putative Class Actions ,
Relief Measures ,
Retail Market ,
Slack-Fill Suits ,
USDA
LEGISLATION, REGULATIONS & STANDARDS -
USDA Receives Hundreds Of Comments On Hemp Interim Rule -
Two weeks after opening a comment period on an interim final rule on hemp farming, the U.S. Department of Agriculture...more
11/18/2019
/ Advertising ,
Australia ,
Beverage Manufacturers ,
Breweries ,
Children's Products ,
Children's TV Programming ,
Citizen Petitions ,
Country of Origin ,
Dietary Guidelines ,
EU ,
European Food Safety Authority (EFSA) ,
False Advertising ,
Farm Animals ,
FOIA ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Food Supply ,
Grocery Stores ,
Health Claims ,
Hemp ,
Honeybees ,
Interim Final Rules (IFR) ,
Kellogg Company ,
Misleading Impressions ,
Negligent Inspection ,
New Zealand ,
Nutrition Facts Labels ,
Ocean Spray ,
Plant Based Products ,
Public Comment ,
Public Health ,
Regulatory Agenda ,
Regulatory Oversight ,
Regulatory Standards ,
Retail Market ,
Safety Inspections ,
Settlement ,
USDA ,
Wine & Alcohol
LEGISLATION, REGULATIONS & STANDARDS -
FDA Issues Warning Letter to CBD Co. for Unsubstantiated Claims -
The U.S. Food and Drug Administration (FDA) has issued a warning letter to Curaleaf Inc. for “illegally selling...more
7/26/2019
/ Arsenic ,
Beverage Manufacturers ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Commercial Speech ,
Consultation ,
Country of Origin ,
Energy Drinks ,
Enforcement Actions ,
EU ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
Hemp ,
Made in the USA ,
Marijuana ,
Misleading Impressions ,
Plant Based Products ,
Proposition 65 ,
Public Health ,
Regulatory Oversight ,
Seafood ,
Trade Dress ,
Trademark Infringement ,
Trademark Litigation ,
UK ,
Warning Letters
Shook Takes the Pulse of General Counsel on Maturation of Global Cannabis Market -
More than half of in-house counsel surveyed in a new white paper by Shook, Hardy & Bacon plan to increase legal spending in the next two...more
7/15/2019
/ Baby Products ,
Beverage Manufacturers ,
Cancer ,
Decriminalization of Marijuana ,
EU ,
False Advertising ,
Fishing Industry ,
Food and Drug Administration (FDA) ,
Food Safety ,
Food Supply ,
Health Claims ,
Marijuana ,
Misleading Statements ,
Natural Products ,
Organic ,
Plant Based Products ,
Pregnancy ,
Regulatory Standards ,
Restaurant Industry ,
Startups ,
USDA ,
Wine & Alcohol
The Cannabis Conundrum: The Evolving Landscape & Risk Mitigation for Hemp & CBD -
The cannabis industry, including marijuana, hemp and cannabidiol (CBD), is complex and rapidly evolving. Shook Partners Mike Barnett,...more
7/1/2019
/ Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Safety ,
Health Claims ,
Hemp ,
Legislative Agendas ,
Marijuana ,
Marijuana Cultivation ,
Medical Foods ,
NAD ,
Natural Products ,
Nutrition Facts Labels ,
Nutritional Supplements ,
Proposed Legislation ,
Regulatory Oversight ,
Regulatory Standards ,
Trader Joes ,
UK ,
Wine & Alcohol
L E G I S L A T I O N , R E G U L A T I O N S & S T A N D A R D S -
FDA Issues Guidance On “Potassium Chloride Salt” -
The U.S. Food and Drug Administration (FDA) has issued draft guidance for industry on the use of...more
5/28/2019
/ Anti-Competitive ,
Antibiotics ,
EU ,
False Advertising ,
Farms ,
Fishing Industry ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Legislative Agendas ,
Manufacturers ,
PFAS ,
Plastic Bag Bans ,
Plastic Straw Ban ,
Plastics ,
Proposed Legislation ,
Salmon ,
Soda Tax
LEGISLATION, REGULATIONS & STANDARDS -
AAFCO Issues Guidelines on Hemp in Animal Food -
The Association of American Feed Control Officials (AAFCO) has issued guidelines on the 2018 Farm Bill and its removal of hemp from...more
5/20/2019
/ Additive Manufacturing ,
Agricultural Sector ,
Animal Food ,
Attorney's Fees ,
Breweries ,
EU ,
European Food Safety Authority (EFSA) ,
False Advertising ,
Fishing Industry ,
Food Safety ,
Hemp ,
Marketing ,
Misleading Impressions ,
NPR ,
Public Health ,
Putative Class Actions ,
Regulatory Oversight ,
Trademark Infringement ,
Trademark Litigation