James Muehlberger on Food Safety

Food & Beverage Litigation Update l April 2021 #2

Bill on Mandatory Sesame Labeling Passes U.S. Legislature - The U.S. House of Representatives has voted 415-11 to pass the Food Allergy Safety, Treatment, Education, and Research Act of 2021 (FASTER Act), a bill that will...more

4/19/2021 / Food Labeling , Food Manufacturers , Food Safety , Trademarks

Food & Beverage Litigation Update l April 2021

The U.S. Food and Drug Administration (FDA) has released “Closer to Zero,” its action plan for reducing infants’ exposure to heavy metals following a Congressional report on toxic elements in baby foods. “Although the FDA’s...more

4/12/2021 / Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Safety , GAO , USDA

Food & Beverage Litigation Update l March 2021 #4

The U.S. Food and Drug Administration (FDA) has announced an investigation into Real Water alkaline water, which is allegedly the link between several cases of acute non-viral hepatitis. The investigation comes amid the...more

3/29/2021 / Baby Products , Food and Drug Administration (FDA) , Food Manufacturers , Food Safety , FSMA , OEHHA , Popular , USDA

Food & Beverage Litigation Update l March 2021 #3

Recent actions by the U.S. Food and Drug Administration (FDA) suggest that, in 2021, the Agency will sharpen its focus on enforcement efforts to ensure packaged foods appropriately declare the presence of major food...more

3/16/2021 / Food and Drug Administration (FDA) , Food Manufacturers , Food Safety , FSMA , Product Labels , Warning Letters

Food & Beverage Litigation Update l March 2021 #2

Former FDA Legal Counsel Moves to Shook - Former U.S. Food & Drug Administration (FDA) Associate Chief Counsel Kristin Kaplan joins Shook, Hardy & Bacon, further expanding the firm’s regulatory capabilities. Kaplan has a...more

3/8/2021 / Baby Products , Food and Drug Administration (FDA) , Food Safety , Plastic Bag Bans , USDA

Food & Beverage Litigation Update l March 2021

USDA, FDA Issue Joint Statement on Transmissibility of COVID-19 on Food Packaging - The U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) have issued a joint statement stating that “there is no...more

3/1/2021 / Coronavirus/COVID-19 , European Food Safety Authority (EFSA) , Food and Drug Administration (FDA) , Food Safety , Poultry Products Inspection Act (PPIA). , USDA

Food & Beverage Litigation Update l February 2021

Shook Attorneys Detail Honey Litigation for Law360 - Shook Partner Jim Muehlberger and Of Counsel John Johnson III have authored an article for Law360 detailing litigation targeting honey producers. “Honey producers have...more

2/8/2021 / Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Safety , USDA

Food & Beverage Litigation Update l December 2020#2

Genetically Engineered Pigs Approved for Food Use - The U.S. Food and Drug Administration (FDA) has announced the approval of GalSafe pigs, which have a “first-of-its-kind intentional genomic alteration (IGA),” for use in...more

12/21/2020 / Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Safety , Food Safety and Inspection Service (FSIS)

Food & Beverage Litigation Update l November 2020 #2

FDA Sues Juice Supplier, Alleging Insanitary Conditions - The U.S. Food and Drug Administration (FDA) has filed a lawsuit seeking to enjoin Valley Processing Inc. from introducing adulterated food into interstate commerce....more

11/16/2020 / Beverage Manufacturers , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Safety

Food & Beverage Litigation Update l November 2020

A California federal court has ordered the U.S. Food and Drug Administration (FDA) to conduct an assessment on the effects that could ensue if genetically engineered (GE) salmon escaped aquaculture farms and established...more

11/13/2020 / Food and Drug Administration (FDA) , Food Safety , GMO , Kellogg Company , Plastics

Food & Beverage Litigation Update l October 2020 #2

FDA Issues Guidance on Allulose, Seeks Comments on Non-Traditional Sugars - The U.S. Food and Drug Administration (FDA) has issued final guidance on the declaration of allulose in food. “The guidance describes FDA’s views...more

10/26/2020 / Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Safety , FSMA , Nutrition Facts Labels , USDA

Food & Beverage Litigation Update l October 2020

FDA Finds Milk Allergens in Dark Chocolate Samples - The U.S. Food and Drug Administration (FDA) has announced the results of a study examining 52 dark chocolate products, determining that four of the products had...more

10/12/2020 / APHIS , Beverage Manufacturers , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Safety , Food Safety and Inspection Service (FSIS) , National Poultry Improvement Plan (NPIP) , Natural Products , Negligent Misrepresentation , USDA , Value-Added Tax (VAT)

Food & Beverage Litigation Update l September 2020

Court Dismisses Beef “Product of the USA” Lawsuit - A New Mexico federal court has dismissed allegations that several food companies falsely labeled beef as a “Product of the USA” because the cattle were raised in other...more

9/21/2020 / Beverage Manufacturers , European Food Safety Authority (EFSA) , False Advertising , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Safety , Hemp Cultivation , Interim Final Rules (IFR) , Magnuson-Moss Act , Nutrition Facts Labels , Permanent Injunctions , PFAS , Plant Based Products , Produce Safety Rule , USDA

Food & Beverage Litigation Update l August 2020 #4

The U.S. Drug Enforcement Administration (DEA) has proposed a rule that would codify the legalization of hemp cultivation and related definitions passed in the 2018 Farm Bill into the Controlled Substances Act. The amendments...more

8/24/2020 / Beverage Manufacturers , Class Certification , Consumer Protection Laws , Controlled Substances Act , Federal Trade Commission (FTC) , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Safety , Food Safety and Inspection Service (FSIS) , Hemp Cultivation , Magnuson-Moss Act , Meat Processing Plants , Negligent Misrepresentation , Unjust Enrichment , USDA

Food & Beverage Litigation Update l August 2020 #2

USDA Accepting Comments on Organic Rule Amendments - The U.S. Department of Agriculture (USDA) is accepting comments on the Agricultural Marketing Service’s proposed amendments to organic regulations concerning oversight...more

8/10/2020 / Beverage Manufacturers , Final Guidance , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Marketing , Food Safety , Organic , PFAS , Public Health , Regulatory Requirements , Trademark Registration , Trademark Trial and Appeal Board , USDA , World Health Organization

Food & Beverage Litigation Update - July 2020

FDA Enters New Phase Of FSVP Enforcement - The U.S. Food and Drug Administration (FDA) has entered a new phase of enforcement for the Foreign Supplier Verification Program (FSVP) regulation, the legally required due...more

7/20/2020 / Class Action , Class Certification , Coronavirus/COVID-19 , Department of Health and Human Services (HHS) , Dietary Guidelines , Food and Drug Administration (FDA) , Food Safety , Food Supply , Foreign Suppliers , Imports , Meat Processing Plants , Regulatory Oversight , Safety Inspections , Slack-Fill Suits , USDA

Food & Beverage Litigation Update l May 2020 #2

LEGISLATION, REGULATIONS & STANDARDS - FDA Releases Reopening Guidelines for Food Establishments - The U.S. Food and Drug Administration (FDA) has published a food-safety checklist for retail food establishments that...more

Food & Beverage Litigation Update | April 2020

What the FDA Requires for Food Safety During the COVID-19 Pandemic - The U.S. Food and Drug Administration’s (FDA) regulatory requirements for food companies, including manufacturers and importers, remain largely unchanged...more

Food & Beverage Litigation Update l March 2020

FDA Warning Letters Provide Opportunity for Food-Safety Reminders During Viral and Bacterial Outbreaks - The U.S. Food and Drug Administration (FDA) sent warning letters to Jimmy John’s Franchise, LLC and its supplier...more

Food & Beverage Litigation Update l February 2020 #3

LEGISLATION, REGULATIONS & STANDARDS - FDA Releases Guidance on Intentional Adulteration - The U.S. Food and Drug Administration (FDA) has released the third and final installment of its draft guidance on intentional...more

Food & Beverage Litigation Update l December 2019 #3

LEGISLATION, REGULATIONS & STANDARDS - CBD Explodes In Popularity But Hits Regulatory Wall - Following the passage of the 2018 Farm Bill, which legalized the cultivation of hemp, cannabidiol (CBD) became the star...more

Food & Beverage Litigation Update l December 2019

LEGISLATION, REGULATIONS & STANDARDS - FDA Issues Warning Letters, Consumer Update On CBD, Sparking Litigation Against CBD Cos. - The U.S. Food and Drug Administration (FDA) has issued a consumer update on cannabidiol...more

12/9/2019 / Agribusiness , Cannabidiol (CBD) oil , Cannabis Products , Class Certification , Consumer Protection Laws , Country of Origin , Criminal Conspiracy , Decriminalization of Marijuana , Dietary Supplements , EU , Farm Animals , FDA Warning Letters , Fishing Industry , Food & Drug Regulations , Food and Drug Administration (FDA) , Food Labeling , Food Manufacturers , Food Safety , Food Supply , GAO , Grocery Stores , Guilty Pleas , Health and Safety , Hemp , Imports , Insecticide , Kellogg Company , Marijuana , Marijuana Cultivation , Marijuana Related Businesses , Medical Foods , Misleading Statements , Natural Products , Permanent Bans , Plant Based Products , Putative Class Actions , Regulatory Agenda , Regulatory Oversight , Regulatory Standards , Retail Market , Safer Consumer Product Regulations , Seafood , Statutory Violations , Transparency , USDA , Wire Fraud

James Muehlberger

Shook, Hardy & Bacon L.L.P.

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