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
(By accessing, browsing or using the pages below, you agree to the Blog Conditions of Use/Disclaimer available under "Links.")
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
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
On August 19, the U.S. FDA and OSHA published a checklist entitled “Employee Health and Food Safety Checklist for Human and Animal Food Operations During the COVID-19 Pandemic.” While the checklist is not exhaustive and does not create new legal obligations, it pulls from existing guidance provided by the FDA, the CDC and OSHA to serve as a quick reference to help the food industry. READ MORE
As businesses pivot to manufacture much-needed health and safety items such as masks, hand sanitizer and disinfectant wipes, they should also be diligent in consulting with their attorneys to avoid claims of deceptive advertising for COVID-19-related products. READ MORE
On March 26, 2020, the FDA issued temporary guidance regarding nutrition labeling of certain packaged foods during the COVID-19 public health emergency. In the guidance, the FDA advises that it does not intend to object to the sale by restaurants of food packaged and sold without Nutrition Facts labels. READ MORE
During the COVID-19 outbreak, many companies may be interested in retrofitting their production facilities to help provide medical supplies and/or cleaning supplies. The FDA has issued a temporary policy allowing companies to produce alcohol-based hand sanitizer, so long as a number of important conditions are met. READ MORE
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
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
The FDA has issued a warning for businesses regarding the handling and consumption of food prepared with liquid nitrogen or dry ice, accompanied by new guidelines worth following. READ MORE
Claiming food is “all natural” while still containing GMOs, at least in New York, is a risky choice. We explain why a spice company’s defense against a labeling claim fell flat – and how it found cover behind the FDA’s still-in-limbo guidance for what makes a product “natural.” READ MORE
The FDA’s rule on what defines “milk,” and whether or not they enforce it, could lead to a sour situation. READ MORE
The USDA published long-awaited proposed rules for the National Bioengineered Food Disclosure Standard. Here’s what food companies need to know. READ MORE
Since the decision in Comcast Corp. v. Behrend, lawyers have been clamoring to find a regression model that will support class-wide damages and help them clear the class certification hurdle. READ MORE
On September 30, 2016, the Eastern District of Missouri stayed the Thornton action pending resolution of FDA proceedings to define the term “natural” on food labels. READ MORE
The Missouri Court of Appeals’ decision in Murphy is important for the dozens of putative MMPA food labeling class actions pending in the state. The decision broadly expands the scope of commercial speech for which product manufacturers are potentially liable under the MMPA. READ MORE
The 9th Circuit Court of Appeals says juries will decide whether “natural” label is misleading where food contains synthetic citric or ascorbic acids – Chad v. Brazil in a nutshell. READ MORE
A growing trend of cases claims that allegedly deceptive product packaging can cause consumers to believe they are receiving more food or drink than what they are actually receiving. READ MORE
As the FDA continues to intensify its enforcement over its regulated industries, food companies should prepare now to manage their risk by developing and implementing a set of strict compliance programs to avoid enforcement action. READ MORE
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
NOTICE.
Although we would like to hear from you, we cannot represent you until we know that
doing so will not create a conflict of interest. Also, we cannot treat unsolicited
information as confidential. Accordingly, please do not send us any information
about any matter that may involve you until you receive a written statement from
us that we represent you (an ‘engagement letter’).
By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and, further, even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you. Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.