Tag: Federal Food

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

On the Horizon: TTB and FDA to Jointly Consider Additives to Alcoholic Beverages

Coauthored by Susan Johnson As we have blogged about previously, the Food and Drug Administration (the “FDA”) has been closely monitoring the appropriateness of additives to alcoholic beverages, with a particular emphasis on caffeinated alcoholic beverages. A recent release from the Alcohol and Tobacco Tax and Trade Bureau (the “TTB”) indicates that the two agencies … Continue Reading

Court’s Decision on CR 12(b)(6) Motion In Zupnik: FFDCA Preemption Under Further Attack and Twombly Ignored

We previously cited the motion to dismiss in Zupnik, et al. v. Tropicana Products, Inc. as an example of good pleading practice in a putative consumer fraud class case. United States District Judge Dale S. Fischer apparently disagreed with our assessment, this week issuing an order denying the motion. Tropicana’s lead argument was a failure of … Continue Reading
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