Category: Legislation and Regulation

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California Court Declines to Dismiss Food Label Class Action Despite Lack of Alleged Purchase Date

Food manufacturers received a setback earlier this week, when Judge Thelton Henderson of the Northern District of California ruled that where a consumer identifies a specific class period in which a defendant food manufacturer labeled its products in a deceptive manner, the consumer does not have to allege the specific date he or she purchased … Continue Reading

Missouri Court denies Motion to Dismiss Over “Nothing Artificial” Claims

Like several California courts before it, a recent Missouri federal court case reminds food manufacturers that they must carefully monitor the marketing claims made on the front of their products’ labeling packages regardless of whether an ingredient list is included on the packaging. In Thornton v. Pinnacle Food Groups LLC, the Court denied a motion … Continue Reading

FDA Offers Webinar to Review Recent Nutrition Facts Labeling Final Rules

The Food and Drug Administration (FDA) is planning to host a webinar on Monday, June 27, 2016, to review the agency’s recent Nutrition Facts Labeling Final Rules and what industry needs to know about the changes to nutrition facts labels and serving sizes. The FDA published the final rules in the Federal Register on May 27, … Continue Reading

GMOs: To Label or Not to Label? That is the Question

As the days grow longer and the snow starts to melt, so, too, does the debate on genetically modified organism (GMO) labeling begin to heat up. This is because Vermont’s Genetically Engineered Food Labeling Act—which requires that food entirely or partially produced with genetic engineering and offered for retail sale in Vermont be labeled as … Continue Reading

Seed Libraries Don’t Breed Agri-Terrorism and Other Reasons We Are Not a Breaking News Blog

In July, there was a story going round about how the Seed Library at the Joseph T. Simpson Public Library in Mechanicsburg, Pennsylvania was being shut down for fears of “agri-terrorism.” Indeed, according to one story, this was being done by the USDA and “Cumberland County Library System Executive Director Jonelle Darr was told that the … Continue Reading

Supreme Court Creates New Food Labeling Battleground, plus GMO Labeling Primer

My colleague Anne Glazer recently co-authored an article with Connie Kirby of Northwest Food Processors Association titled “Summary of Regulatory Intersection between the Federal Trade Commission and the Food and Drug Administration over the Labeling and Advertising of Food Products: Implication for Genetically Engineered Foods.” Prepared for Oregon Governor Kitzhaber’s Task Force on Genetically-Engineered Agriculture, … Continue Reading

FDA Issues Gluten Free Labeling Compliance Guide

Nearly a year ago on August 5, 2013, we reported on the blog that the Food and Drug Administration (FDA) had published a final rule establishing a regulatory definition of the term “gluten-free” for voluntary use in the labeling of foods. The final rule is intended to provide a uniform definition of the term “gluten-free” … Continue Reading

Locavore To the Max

Health economist Jane Sarasohn-Kahn has an interesting take in a new article on her Health Populi blog about "km zero", a food movement she describes as "the future of food."  Basically, it takes locavore standards to the max, seeking to source food as close to you as possible, for the freshest and the best ingredients, including … Continue Reading

New Bipartisan Bill Introduced Regarding GMO Labeling

Last week U.S. Representatives Mike Pompeo (R-KS) and G.K. Butterfield (D-NC) introduced a bipartisan bill that would amend the Federal Food, Drug, and Cosmetic Act with respect to foods produced from, containing, or consisting of a bioengineered organism. The result has been either applause or outrage depending on which side of the GMO labeling debate … Continue Reading

A “Vibe” is Not Enough: Ben & Jerry’s “All Natural” Case Loses Class Certification

You’ll remember the scene from "Casablanca." Ilse (Ingrid Bergman) comes in and Rick (Humphrey Bogart) says, "Your unexpected visit isn’t connected by any chance with the letters of transit. It seems as long as I have those letters, I’ll never be lonely." That’s sort of how I feel about "all natural" product labeling litigation. So … Continue Reading

California About to Adopt General Industrial Storm Pemit

Our colleagues at the California Environmental Law Blog note the General Industrial Storm Water Permit is slated for adoption on April 1, 2014.  Everyone in the California food industry from owners of feedlots to operators of manufacturing facilities will find this very important and should follow developments as Ryan Waterman and Missy Foster report on … Continue Reading

Finally…A Farm Bill!

While standing in front of a tractor at Michigan State University (the first land-grant university) on Friday, February 7, 2014, President Obama signed the long awaited $956 billion farm bill into law. The 2014 Farm Bill, what some have called a “jobs bill,” an “innovation bill,” a “research bill” and a “conservation bill,” passed in … Continue Reading

Alternative Product Labeling: Will “Simply” Changing Your Brand Protect Your Company From False Advertising Claims?

For the past few years, there has been a steady, if not increasing, stream of class action lawsuits filed against various food and beverage manufacturers and retailers alleging misbranding and false advertising due to the presence of “All Natural” claims. The companies sued in these cases range from major manufacturers and retailers to small private … Continue Reading
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