In January 2025, Maine lawmakers became the first to introduce a bill restricting PFAS levels in food. The proposed bill, SB130, entitled An Act to Establish the PFAS Response Program and to Modify the Fund to Address PFAS...more
This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal, and regulatory landscape. Jim Jones, Deputy Commissioner for Human Foods at the US Food and Drug...more
Plastic packaging and food ware are some of the first targets of California’s ambitious and far-reaching program to achieve a “Circular Economy” that reduces waste and pollution. The California Department of Resources,...more
On October 29, 2024, the US Food and Drug Administration (FDA) provided an Update on Phthalates in Food Packaging and Food Contact Applications (the Update), affirming its 2022 Final Rule to remove 25 plasticizers in various...more
The cell cultivated meat industry has had its difficulties with funding, technology and regulatory barriers and the roller coaster ride is not over. In 2021 and 2022, $1.6 billion in venture capital investments went into the...more
On October 14, 2024, California's Department of Resources Recycling and Recovery (“CalRecycle”) released its proposed final regulations for California’s extended producer responsibility (“EPR”) packaging and plastic food...more
Since at least 2009, Canada has consistently ranked among the top ten countries for patent filings related to climate change mitigation and adaptation technologies. This is no surprise given Canada’s patent friendly courts...more
The US Food and Drug Administration’s (FDA) formal regulation of food packaging began in 1958 with the Food Additives Amendment to the Federal Food, Drug, and Cosmetic Act. Since that time, the FDA has employed various...more
As litigation to block the proposed Kroger-Albertsons merger wages on at the state and federal level, four state attorneys general (AG) have jumped into the fray in support of the merger as the cases heat up on all fronts....more
In an industry full of buzzwords, “adaptogens” and “nootropics” are current stand outs within the beverage industry. The beverage industry experienced a significant shift in consumer preference following the COVID-19...more
What Happened- Come on, you know what happened, right? For those denied the joy of Roald Dahl and his take on bad parents, here is an overview. Willy Wonka, the owner of Wonka’s Chocolates, is a unique and secretive...more
Patents are increasingly being used to protect innovation in the food technology space. Food technology companies should carefully decide whether to use patents or trade secrets to protect their proprietary assets. ...more
Following the social isolation and public health concerns associated with the COVID-19 pandemic, many Americans reevaluated their health and wellness priorities, creating new opportunities for food systems companies to...more
With the swipe of a pen, California Governor Gavin Newsom starts the California Food Safety Act countdown to a 2027 statewide ban on four popular food additives. Starting January 1, 2027, companies manufacturing, selling,...more
Taking advantage of the nearshoring effect, the Mexican Ministry of Finance and Public Credit (Secretaría de Hacienda y Crédito Público) issued a Decree that will provide tax benefits to key sectors of the export industry...more
On June 29, the World Health Organization (WHO) announced that the widely used artificial sweetener, aspartame, is set to be declared as “possibly carcinogenic to humans” by the International Agency for Research on Cancer...more
A state court has issued an order staying enforcement of California’s Proposition 12 for noncompliant pork in the supply chain as of July 1, 2023, permitting it to be sold through in California until December 31, 2023....more
Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. - Christopher Leonard v. Mondelēz Global LLC, No 1:21-cv-10102-PAC (S.D.N.Y. – March 8, 2023):...more
In February, the U.S. Food and Drug Administration (FDA) issued draft guidance describing its "current view" of how companies should name plant-based foods marketed and sold as alternatives to milk. In this hotly contested...more
The FDA is catching up with the increase in demand for plant-based milks that has occurred throughout the last ten years. There is no established standard for the compositional requirements of plant-based milk alternatives...more
This week, the Fourth Circuit affirmed the United States Trademark Trial and Appeal Board’s (“TTAB”) and subsequent Eastern District of Virginia’s (“District Court”) summary judgment finding that “GRUYERE” could not be...more
Consumers are increasingly interested in incorporating functional or adaptogenic mushrooms into their diets due to their potential health benefits, such as boosting immunity, reducing inflammation, and promoting overall...more
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
The New Jersey Cannabis Regulatory Commission (“CRC”) has been busy in 2022 reviewing thousands of applications submitted for Class 1 Cultivators, Class 2 Manufacturers, and Class 5 Retailers, and has added an additional use...more
On December 7, 2022, amendments to the Pest Control Products Regulations (PCPR) were published in the Canada Gazette Part II. Among other things, the amendments...more