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FDA Announces Final Rule Updating Definition of "Healthy" Nutrient Content Claim - Food and Beverage Litigation and Regulatory...

The U.S. Food and Drug Administration (FDA) has announced a final rule updating the definition of the nutrient content claim “healthy.” To qualify as “healthy” under the updated definition, food products must contain a...more

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

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

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

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

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

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

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

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

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

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

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

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

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