Tag: food labeling

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

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

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

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

Initiative 522 Defeated in Washington

Based on preliminary results from Tuesday’s election, it appears that Washington State’s hotly debated Initiative 522 (I-522) concerning the labeling of genetically-engineered foods has gone the way of California’s Proposition 37. Washington officials reported on Wednesday, November 6, 2013 that voters had rejected the measure, 54% to 46%. California’s similar labeling measure, Proposition 37, was … Continue Reading

The FDA Goes Gluten-Free: Let’s Speed It Up

The FDA’s final rule on gluten-free labeling was published in the Federal Register on August 5, 2013, with a mandatory date for compliance of one year thereafter, or August 5, 2014.  But the FDA makes clear that this is an outside date.  "However, as stated, FDA anticipates that manufacturers are likely to follow the requirements of the … Continue Reading

Vox Puffery, Vox Dei

There is a concept in the law called puffery and it’s great. I cannot prove that to you that it’s great, however, because a legal concept’s greatness or lack of greatness is something entirely personal. And that is an excellent introduction to the concept.   The case that brings up “puffery” is Viggiano v. Hansen Natural … Continue Reading

The FDA Goes Gluten Free: More to Come

We’ll have plenty more about the FDA gluten-free labeling rule that came out Friday.  While I’m still digesting the 95 pages of the release, I wanted to point out something in the FDA’s update that echoed what was in my last entry.  In describing why the FDA chose 20 ppm as the level below which an item … Continue Reading

I Can Believe It’s Got No Fat *

*  But then again, I’m a lawyer. In the fifth episode of "The Hitchhiker’s Guide to the Galaxy", by Douglas Adams, Peter Jones played The Book.  At one point, The Book gives some "helpful" information about the universe.  First, that it is infinite.  Next, it goes on to prove, through comical science and mathematics pulled … Continue Reading

USDA Approves Non-GMO Label Claim for Meat and Egg Products

Coauthored by Andrea Canfield and Claire Mitchell: The Food Safety and Inspection Service (FSIS),  the division of the U.S. Department of Agriculture (USDA) charged with regulating the safety and proper labeling of meat, poultry, and egg products, recently approved the Non-GMO Project Verified label claim for meat and liquid egg products. The label, certified by the … Continue Reading

Initiative 522 Forwarded to the Washington State Legislature

After reviewing the voter petitions filed in support of Initiative 522 (I-522), the Washington Secretary of State’s Election Division announced last Friday that the measure received enough signatures and has been certified.  The official certification was signed by Secretary of State Kim Wyman. I-522, also known as “The People’s Right to Know Genetically Engineered Food Act,” … Continue Reading

Another GMO Labeling Iniative on the Horizon, This Time in Washington

Last week on January 3, 2013, sponsors of Initiative 522 (I-522), a measure that would require the labeling of certain genetically engineered foods, filed their petitions with the Washington Secretary of State’s Office for review. The filing of I-522 comes in the wake of Proposition 37, a similar initiative that was ultimately rejected by California … Continue Reading

USDA Launches New Online Tool for Faster Label Review

The U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS) is the primary agency charged with regulating the nation’s supply of meat, poultry, and egg products. Besides ensuring the safety and wholesomeness of those products, FSIS is also charged with the important function of reviewing the accuracy of all meat, poultry, and egg product … Continue Reading

FSIS Final Rule Imposes New Labeling Requirements for Meat and Poultry Products

A new U.S. Department of Agriculture Food Safety and Inspection (FSIS) rule, which was originally announced in a Federal Register notice published on December 29, 2010, will require nutrition labeling on the major cuts of single-ingredient, raw meat and poultry products and ground or chopped meat and poultry products unless one of several exemptions applies. … Continue Reading
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