News & Analysis as of

Disclosure Requirements Food Labeling

Proskauer - Advertising Law

Courts Neutralize Baseless Acid Lawsuits

Over the last few years, hundreds of lawsuits have been filed, and many more threatened, involving advertising claims that a product has no artificial preservatives or flavors.  In many cases, the plaintiffs allege such...more

Perkins Coie

Bioengineered Foods: USDA Solicits Comments on Potential Revisions to Digital Disclosure Option

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USDA’s Agricultural Marketing Service (USDA-AMS) recently published a Request for Information soliciting stakeholder input on the electronic or digital link disclosure option for bioengineered (BE) foods under the National...more

Hogan Lovells

USDA seeks information regarding revisions to digital disclosure option for bioengineered foods

Hogan Lovells on

The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) has published a Request for Information (RFI) asking interested parties to submit comments regarding potential revisions to the current...more

Hogan Lovells

USDA finalizes updates to List of Bioengineered Foods

Hogan Lovells on

The U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) has issued a final rule updating the List of Bioengineered Foods (the List) under the National Bioengineered Food Disclosure Standard (the...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - June 2023 - 2

Blurred Lines: NAD Says Supplement Company Must Add Conspicuous Disclosures When Editorial Content Is Advertising - Once again, the National Advertising Division has examined the increasingly blurry line between...more

Perkins Coie

On the Menu: Food Allergen Disclosures for Restaurants and Food Service

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Federal law already requires disclosure of the nine major food allergens on packaged food products: milk, eggs, fish, seafood, peanuts, tree nuts, wheat, soy, and sesame. However, businesses that sell unpackaged food at...more

ArentFox Schiff

California Federal Court Substantially Upholds Bioengineered Food Disclosure But Remands QR Code and Text Message Disclosure...

ArentFox Schiff on

On September 13, 2022, a federal court in San Francisco decided an NGO-led challenge to the US Department of Agriculture’s (USDA) final rule establishing a national standard for the disclosure of bioengineered foods. At the...more

Hogan Lovells

Court invalidates text message option under Bioengineered Food Disclosure Standard

Hogan Lovells on

A court has invalidated the portion of the U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service’s (AMS’s) final rule implementing the National Bioengineered Food Disclosure Standard (BE Rule) that allows...more

BakerHostetler

AD-ttorneys@law - May 2022

BakerHostetler on

NAD Won’t Rename Supplement Maker - Innovix Pharma loses on product claims but gets to keep its calling card. Nerding Out - Aside from the intricacies of advertising, advertising law, and the disputes engendered...more

K&L Gates LLP

Litigation Minute: New Bioengineered Food Disclosure Rules and Litigation Risks

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WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - As of 1 January 2022, certain retailers, manufacturers, and importers are required to disclose the presence of bioengineered food and food that contains bioengineered...more

Morgan Lewis - Well Done

USDA Bioengineered Food Disclosure Rule Goes Into Effect on January 1, 2022

The US Department of Agriculture’s (USDA) Agricultural Marketing Service (AMS) published a final rule on December 21, 2018, implementing the National Bioengineered Food Disclosure Standard (NBFDS). Beginning on January 1,...more

Morgan Lewis - Well Done

Sesame Becomes Newest Major Food Allergen

US President Joseph Biden signed into law the Food Allergy Safety, Treatment, Education, and Research Act (FASTER Act) in April, establishing sesame as the ninth major food allergen under the Federal Food ...more

Alston & Bird

Bioengineered Foods in the Spotlight: Updating the BE Food List and a Challenge to the USDA’s NBFDS Rule

Alston & Bird on

The U.S. Department of Agriculture issued a request for comments on its recommendations to update the List of Bioengineered Foods and is facing a federal lawsuit challenging key aspects of the National Bioengineered Food...more

Hogan Lovells

AMS Requests Comments on Updates to List of Bioengineered Foods for National Bioengineered Food Disclosure Standard

Hogan Lovells on

The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) is seeking comments on recommendations to update the List of Bioengineered Foods (List) under the National Bioengineered Food Disclosure...more

Hogan Lovells

AMS Releases Draft Instructions on Testing Methods for the National Bioengineered Food Disclosure Standard

Hogan Lovells on

The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) has released Draft Instructions on Testing Methods (Draft Instructions) for use in compliance with the National Bioengineered Food Disclosure...more

Hogan Lovells

AMS Releases Draft Instructions on Validating a Refining Process for National Bioengineered Food Disclosure Standard

Hogan Lovells on

The U.S. Department of Agriculture’s (USDA’s) Agricultural Marketing Service (AMS) is seeking public comment on draft instructions to validate a refining process under the National Bioengineered Food Disclosure Standard...more

Hogan Lovells

FDA Issues Final Rule on Front-of-Pack Calorie Disclosures Used for Vending Machine Labeling Compliance

Hogan Lovells on

The Food and Drug Administration (FDA) issued a final rule to revise the type size requirements for front-of-pack (FOP) calorie declarations that are used to comply with the vending machine calorie labeling requirements. The...more

King & Spalding

USDA Publishes Long-Awaited Final Rule on the Labeling of “Bioengineered” Food

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On December 21, 2018, the Agricultural Marketing Service (AMS) of the U.S. Department of Agriculture (USDA) issued a final rule1 (BE Final Rule) to implement the National Bioengineered Food Disclosure Standard (NBFDS),2 which...more

Seyfarth Shaw LLP

Implementation Date For The USDA’s National Bioengineered Food Disclosure Standard

Seyfarth Shaw LLP on

The implementation date for the disclosure obligations triggered by the USDA’s final rule establishing a national standard for the disclosure of bioengineered ingredients in certain food products is January 1, 2020 for...more

Proskauer - Advertising Law

Snack Bar Class Action Powers On After USDA Action and FDA Inaction

Unlike a fine wine, a snack bar does not get better with age. Neither, apparently, does litigation. Last month, Judge William H. Pauley III in the Southern District of New York lifted a years-long stay in a lawsuit against...more

Polsinelli

Final Rule Regarding the Labeling of Bioengineered Foods

Polsinelli on

On December 21, 2018, the Agricultural Marketing Service (“AMS”) of the United States Department of Agriculture (“USDA”) issued its long-anticipated final rule establishing requirements for the disclosure of food that is...more

BCLP

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

BCLP on

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

Perkins Coie

USDA Issues Rules on Bioengineered Food Disclosures

Perkins Coie on

The USDA issued rules on December 20, 2018 requiring the disclosure of the presence of bioengineered foods and ingredients in food products, called the National Bioengineered Food Disclosure Standard (the Standard). The...more

Alston & Bird

Take a Bite of the New Mandatory National Bioengineered Food Disclosure Standard

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The Agricultural Marketing Service’s mandatory disclosure standard for bioengineered foods has given industry something to chew on. Our Food, Beverage & Cosmetics team answers some questions the new National Bioengineered...more

Bergeson & Campbell, P.C.

USDA Releases Final Rule On GM Labeling

On December 21, 2018, the U.S. Department of Agriculture (USDA) Agricultural Marketing Service announced a final rule on the National Bioengineered (BE) Food Disclosure Standard (NBFDS)....more

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