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Year in Review: 2021 Food, Beverage & Supplement Litigation Round-Up

Federal Made in U.S.A. Rule - In June 2021, the Federal Trade Commission (FTC) adopted its final rule for using “Made in U.S.A.” or any variation of that statement, including the U.S. flag. While this rule imposes no new...more

Ninth Circuit Upholds The Injunction Against New Cal. Prop. 65 Acrylamide Cases

The Ninth Circuit has upheld a preliminary injunction stopping the filing or prosecution of new Prop. 65 lawsuits concerning acrylamide pending the outcome of a lawsuit by the California Chamber of Commerce challenging the...more

Year In Review: 2020 Food, Beverage & Supplement Litigation Round-Up

FDA Issues Finalized Rule on How Gluten-Free Fermented and Hydrolyzed Foods are Labeled - On August 12, 2020, the FDA issued a final rule, known as “Gluten-Free Labeling of Fermented or Hydrolyzed Foods,” which...more

California Proposes Changes to Short-Form Prop. 65 Warning

The short form of the California Proposition 65 warning that appears on numerous consumer products may look different in the future. California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed several...more

U.S. FDA Relaxes Menu and Nutrition Facts Labeling Requirements in Response to Pandemic

In response to the COVID-19 pandemic, the U.S. Food and Drug Administration (FDA) has temporarily relaxed some of its requirements concerning menu and nutrition labeling, and extended certain enforcement deadlines. Menu...more

Year in Review: 2019 Food, Beverage and Supplement Litigation Roundup

FDA Issues New Rule Regarding Calorie Type Size Requirement on Vending Machine Products - On October 25, 2019, the FDA issued a final rule revising the type size requirements for calorie labeling on foods sold in vending...more

FDA Extends Enforcement of New Nutrition Facts Label Another 6 Months

Although January 1, 2020 was the deadline for many companies to implement the new Nutrition Facts label, the FDA states on its Industry Resources on the Changes to the Nutrition Facts Label web page that it will not take any...more

Bioengineered Food Disclosure Rules Finalized, Require Disclosure of “Detectable” GMOs

On December 21, 2018, the U.S. Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) published its final rule implementing the National Bioengineered Food Disclosure Standard (NBFDS) signed into law by...more

FDA Provides Guidance for New Nutrition and Supplement Facts Labels

On November 5, the FDA released non-binding guidance intended to answer questions related to Nutrition Facts and Supplement Facts Label and Serving Size final rules. As we previously reported, the rules were finalized in May...more

FDA Extends Date for Compliance with New Nutrition Facts Label; Menu Labeling Rules Take Effect

The FDA has extended the date for compliance with the Nutrition Facts and Supplement Facts Label and Serving Size final rules. As we previously reported, the rules were finalized in May 2016 and initially set a general...more

Ninth Circuit Reconsiders, Nixes Deceptive Labeling Claim Against Gerber

Baby food maker Gerber has scored a partial victory in a false labeling would be class action. The Ninth Circuit in Bruton v. Gerber Prods. Co., Case No. 15-15174, has reversed itself and thrown out a deceptive labeling claim...more

FDA Delays Implementing Nutrition and Supplement Facts Label Rules

The FDA has announced that it is delaying implementation of the Nutrition Facts and Supplement Facts Label and Serving Size final rules. As we previously reported, the rules were finalized in May 2016 and initially set a...more

FDA’s Delay in Implementing Calorie Labeling Law Leaves Fate Uncertain

The latest delay by the Food and Drug Administration (FDA) in implementing new calorie labeling rules gives restaurants and food retailers a little breathing room. Originally set for May 5, the agency pushed back the deadline...more

Ninth Circuit Revises Baby Food False Advertising Class Action

The Ninth Circuit has revived a proposed class action against Gerber, saying the mother who sued it for labeling its sugar-laden baby food as “natural” only had to prove the labels were misleading, not necessarily false....more

California Extends Prop. 65 Point-of-Sale Warning for BPA for Businesses That Report Food and Beverage Product Information

California’s Office of Environmental Health Hazard Assessment (OEHHA) has extended for another year the regulation allowing businesses to provide a Prop. 65 point-of-sale warning for bisphenol A (BPA) in canned and bottled...more

New Federal Law Will Require Disclosure of GMO Content in Food

A new federal law will require food makers to disclose when foods contain genetically modified ingredients. The law, which was recently signed by President Obama, will require such food products to be labeled with text,...more

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