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
Every year at this time, I try to think of things to write about that are a little different from the plethora of lawsuits that seem to arise like mushrooms whenever anyone makes a claim about food. This year, I’ve actually been fortunate to learn about a number of things that are simple reminders that ultimately … Continue Reading
Dear Food Liability Law blog readers. Originally conceived by our former colleague Ken Odza – now food safety counsel at Kellogg’s – and Rick Goldfarb, Food Liability Law blog has been bringing you news on major food liability law developments for more than six years. While our commitment to keep you informed hasn’t changed, technology … Continue Reading
Yesterday, the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS) issued a news release (PDF) announcing that a genetically engineered (GE) variety of wheat was found growing on an Oregon farm. APHIS was first notified of the issue by an Oregon State University (OSU) scientist who reported that initial tests of … Continue Reading
Today begins the annual NWFPA Expo event that draws food processors from around the world. The three day event is taking place at the Portland Convention Center and will include educational sessions as well as an exhibition hall. Stoel Rives attorneys will be attending the event and hope to see you there.… Continue Reading
Hat tip to the Renewable + Law blog. We hear the American Bar Association Law Journal is now accepting nominations for Blawg 100 Amici, its annual list of 100 best legal blogs. We’d appreciate any support our readership can give on behalf of Food Liability Law Blog. Filling out the online nomination form should take … Continue Reading
The Delaware Bankruptcy Court has approved procedures for a sale of AFA Investment, Inc. and its affiliates’ assets. As approved, the procedures are largely as reported here on April 20, 2012, with some changes: · AFA has until June 11, 2012 to identify a stalking horse bidder. If one isn’t identified, AFA must file its own proposed … Continue Reading
AFA Investment Inc. and its affiliates, including AFA Foods, American Foodservice Corporation, United Food Group, LLC, and American Fresh Foods (together "AFA"), one of the largest ground beef processors in the United States, have filed for Chapter 11 bankruptcy protection. AFA cited growing negative publicity over the use of boneless lean beef trimmings (identified as "lean finely … Continue Reading
We at the Food Liability Law Blog, and at Stoel Rives, are extremely pleased that David Goodnight, one of our most noted trial lawyers, has agreed to join the team as a point person for food and beverage litigation. David brings a wealth of trial experience as well as an incredibly calm "bedside manner" to … Continue Reading
As you might have heard, I’m leaving Stoel Rives LLP this month, my professional home for almost 14 years (and parts of three decades). I am honored and humbled to have been asked by The Kellogg Company to join them as their in-house food safety and quality lawyer. My departure from Stoel Rives is bittersweet. … Continue Reading
The FDA asserts in its inspection manual its right to photograph in your plant. Yet the FDA does not have statutory authority to photograph. The manual cites the following cases as authority for its right to photograph the inside of a plant: Dow Chem. Co. v. United States, 476 U.S. 227 (1986), and United States … Continue Reading
The Food Safety Modernization Act ("FSMA") significantly expands the FDA’s ability to access a food company’s records. The expanded authority is found in three places in the statute: FSMA § 101 amends 31 USC § 350c(a) and allows the FDA to obtain records related not only to a product that the FDA believes "will cause … Continue Reading
Thank you to Parker Smith & Feek for inviting me to speak to about FSMA and how it’s changing the status quo. My slide-deck can be viewed here. Following my talk, Marty Bask from Parker Smith & Feek led a very interesting discussion about the pros and cons of product recall and contamination coverage. A link … Continue Reading
A 60-minute webinar broadcast on April 29 on the Food Safety Modernization Act (and a short discussion of implications of the Japanese earthquake, tsunami and resulting nuclear disaster on food safety) is available for replay at this link. The webinar was sponsored by AON. My gratitude to AON for inviting me to participate. As always, I’m interested in your feedback and questions.… Continue Reading
It’s Passover, a time when Jews think more about their food than we usually do, which is a lot. I was raised in a kosher home where we had four sets of dishes, meat and milk each for chametz and Passover. Every year, cupboards were lined, closets were closed, and the house was prepared for … Continue Reading
Stoel Rives food liability attorney Ken Odza discussed with NutraIngredients-USA.com the significance of a rise in activism from consumer lobby groups combined with food manufacturers pushing the envelope with more aggressive health claims. General Mills recently lost its bid to invalidate class action certification at the Eleventh Circuit of Appeals in a Florida lawsuit involving … Continue Reading
I’ll be speaking at several events over the next two months on the Food Safety Modernization Act (FSMA) and how this comprehensive and far reaching legislation affects the status quo for food companies. Two of these events are free, and all promise to address relevant and critical issues for those involved in the food industry. a. May … Continue Reading
This blog entry was originally written by Jake Storms from the California Environmental Law Blog. The Napa County Farm Bureau held its first water forum in five or six years on March 9, in St. Helena, California. Kicked off by Bureau President Jim Lincoln, the event was well attended, with over 100 concerned stakeholders listening … Continue Reading
This blog entry was originally written by Lee Smith from the California Environmental Law Blog. The Industry Acrylamide Coalition (Coalition) filed suit against the State of California Office of Environmental Health Hazard Assessment (OEHHA), the agency that manages and revised the Prop 65 list to include 4-metheylimidazole (4-MEI), as a carcinogen. 4-MEI is often found … Continue Reading
Many who track FDA’s implementation of the Food Safety Modernization Act (FSMA) believe that a priority for FDA is Section 105, “Standards for Produce Safety” (FDCA section 419), in particular, the leafy greens regulations. Farms are exempt under FSMA’s produce safety rules if: (A) during the previous 3-year period, the average annual monetary value of … Continue Reading
The Food and Drug Law Institute’s ("FDLI") Update Magazine just published our article addressing the FTC’s proposed regulations on green marketing: "New Green Guides Lay Out Rules for Environmental Marketing," available here. Authored by Ken Odza, Anne Glazer, and Joseph Eckhardt, the article reviews the scope of the new proposed Green Guides and describes best practices to avoid challenges to green marketing … Continue Reading
Last week, the FDA issued its first annual report on the Reportable Food Registry (RFR). The report provides statistics on the first year of the RFR (2240 entries, 229 "primary reports," a breakdown of the report by hazards, etc.). Beyond the statistics, the FDA report should be noted by food companies for two reasons: Food … Continue Reading
We here at the Food Liability Law Blog like to end the year on a positive, or at least humorous, note, so two items in Tuesday’s Wall Street Journal caught our eye. Everyone, of course, has been barraged with Christmas movies the last month, but I am a big fan of New Year’s movies. "The … Continue Reading
I appreciate why lawyers practice defensively. We are risk adverse as a profession. But is this what our clients want from us? After all, our clients are usually in a risk-taking position when they seek our advice in the first place. In today’s business climate, competition in almost ever sector is fierce to say the … Continue Reading
