A federal judge recently held that false advertising claims related to a “no preservatives” claim on soup labels were not preempted. Although the result is not necessarily surprising, the presented a unique question of first impression. READ MORE
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Made in the USA: False US-origin labeling class actions dismissed
October 1, 2020
Last month, the District of New Mexico dismissed two proposed class action lawsuits accusing four food industry giants of falsely labeling beef products as “Product(s) of the USA.” Food industry companies must be vigilant in monitoring food labeling regulations to avoid litigation and regulatory scrutiny. READ MORE
‘Boneless wings’ or ‘saucy nugs’: Viral video provides lesson on food labeling laws
September 9, 2020
Though the jury is out on whether “boneless wings” are appropriately named, one thing is certain – food industry companies must be vigilant in monitoring food labeling regulations to avoid litigation, regulatory scrutiny or simply bad press. READ MORE
USDA, FDA announce joint effort to regulate ‘cell-cultured food products’ from meat and poultry
November 21, 2018
On November 16, 2018, the USDA and FDA announced their intention to “jointly oversee the production of cell-cultured food products derived from livestock and poultry.” In this framework, the FDA would oversee cell collection, cell banks, cell growth and cell differentiation. The USDA would then oversee the production and labeling of the food products. READ MORE
Labeling of meat at ‘steak’ in constitutional challenge to Missouri law
November 5, 2018
A lawsuit is challenging Missouri’s recent law criminalizing the labelling of lab-grown animal cell foods as “meat.” The outcome could have significant effects on the food and livestock industries, and the ability of cell-based meat producers to market their products to consumers. READ MORE
Fraudulent organic food imports: How food companies can decrease risks of getting defrauded in 7 steps
June 1, 2018
The organic food market is booming, and so is false organic labeling, according to recent reports. Here's a brief overview of organic food labeling and import laws, and how food and agribusiness companies can protect against receiving fraudulently labeled food. READ MORE
The U.S. is one step closer to GMO food labeling
May 11, 2018
The USDA published long-awaited proposed rules for the National Bioengineered Food Disclosure Standard. Here’s what food companies need to know. READ MORE
Don’t cry over spilt – organic – milk
Jeff Brown
May 10, 2018
The federal district court for the Northern District of California recently dismissed a putative class action lawsuit, which alleged that Horizon Organic milk containing “DHA” violated California’s unlawful and unfair business practices laws. READ MORE
New rules coming for GMO food labeling
March 27, 2018
Facing a consumer fraud lawsuit based on your product’s “non-GMO” or “GMO-free” labeling? The USDA’s forthcoming rules on the National Bioengineered Food Disclosure Standard may impact your defense. READ MORE
The USDA’s bioengineered food disclosure standard: Where are we now?
November 7, 2017
As food, beverage, and agribusinesses eagerly await the proposed rule on disclosure standard and labeling procedures for bioengineered foods — due in July 2018 — it’s worth reviewing the efforts of the USDA’s Agricultural Marketing Services (AMS) toward determining when and how genetically engineered foods must be disclosed. READ MORE
Update: GMO labeling regs are back in limbo
February 3, 2017
The Trump Administration’s latest executive orders have effectively prevented the USDA from promulgating rules on GMO food labeling, throwing a wrench in the agency's anticipated plans to give more direction to the food industry about the labeling of bioengineered foods. READ MORE
Updated FSIS guidance on raising animal label claims
November 2, 2016
The guidance also provides specific examples of documentation necessary to substantiate certain claims related to (1) animal age, (2) animal welfare and environmental stewardship, (3) breed, (4) diet, (5) living/raising conditions, (6) raised without antibiotics, (7) raised without hormones, (8) source/traceability, and (9) third-party certification. READ MORE
What food, packaging and agribusinesses need to know about the first-ever nationwide GMO labeling law
August 1, 2016
On Friday, July 29, the President signed into law a bill amending the Agricultural Marketing Act of 1946 to insert a provision requiring disclosure (i.e., labeling in some manner) of bioengineered foods. READ MORE
Welcome to the Food Fight Law Blog
December 2, 2015
Covering the “Food Fight,” the blog will share timely insights into litigation trends, emerging arguments, and challenges facing the food and agriculture industries. The blog will also cover decisions regarding expert witnesses in food and agriculture litigation and relevant scientific articles. READ MORE