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Jurisdiction Food Safety

Fishman Haygood LLP

Concluding that Plaintiffs Had Pleaded Sufficient Facts to Hold Non-Manufacturing Retailer Liable, U.S. Fifth Circuit Reverses...

Fishman Haygood LLP on

A recent Congressional report identified the risk of toxic heavy metal contamination of various brands of commercial baby food. Palmquist v. Hain Celestial Group is one of the first of many cases pending nationwide seeking...more

Hogan Lovells

USDA and FDA Settle Jurisdiction over Products Derived from Livestock and Poultry Cell Lines

Hogan Lovells on

The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) and the Food and Drug Administration (FDA) announced today a formal-agreement coordinating joint jurisdiction over the production of...more

Foley & Lardner LLP

Got (Raw) Milk? How About Jurisdiction? Something's Sour in the Raw-Milk Case

Foley & Lardner LLP on

Yesterday, the Wisconsin Court of Appeals released its unpublished opinion in Farm-To-Consumer v. Wis. DATCP, 11AP2264, a closely watched case involving Wisconsin’s regulation of raw-milk production. A couple of local farmers...more

Cozen O'Connor

Here We Go Again: Primary Jurisdiction and Deference to FDA

Cozen O'Connor on

We have been here before: in an attempt to capitalize on the ambiguities and uncertainties in product labeling, the plaintiffs’ bar focuses on phrases and ingredients for which there is little FDA guidance. Last year, the...more

Sheppard Mullin Richter & Hampton LLP

Sweet(ener) Confusion: Court Divide Over Role of Primary Jurisdiction Doctrine in “Evaporated Cane Juice” Cases Grows

In Swearingen v. Santa Cruz Natural, Inc., No. C 13-04291 (N.D. Cal. April 2, 2014), Judge Illston of the U.S. District Court for the Northern District of California granted defendant’s motion to dismiss based on the primary...more

Perkins Coie

Food Litigation Newsletter - August 5, 2013

Perkins Coie on

In This Issue: - Recent Significant Developments and Rulings ..VitaRain “Natural” Caffeine Claims Against Costco Rules Preempted ..Court Refuses To Certify Most “All Natural” Claims Against Kashi and Bear Naked ...more

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