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Year in Review: 2021 Food, Beverage & Supplement Litigation Round-Up

Federal Made in U.S.A. Rule - In June 2021, the Federal Trade Commission (FTC) adopted its final rule for using “Made in U.S.A.” or any variation of that statement, including the U.S. flag. While this rule imposes no new...more

It’s Getting Hot in Here: FDA Clears Food Products from Gene-Edited Heat Tolerant Beef Cattle

On March 7, 2022, the U.S. Food and Drug Administration (“FDA”) announced its “low-risk determination” to clear the marketing of food products derived from beef cattle that have been genetically altered to be more tolerant of...more

Year In Review: 2020 Food, Beverage & Supplement Litigation Round-Up

FDA Issues Finalized Rule on How Gluten-Free Fermented and Hydrolyzed Foods are Labeled - On August 12, 2020, the FDA issued a final rule, known as “Gluten-Free Labeling of Fermented or Hydrolyzed Foods,” which...more

Recent Decisions Support the Legality of “Pay-to-Pay” Fees in Florida

Many mortgage servicers allow borrowers to make loan payments over the telephone, and the servicers charge a small convenience fee for this special service. These telephone convenience fees, or “pay-to-pay” fees as coined by...more

U.S. COVID-19: Governor Newsom Announces Guidelines for Some Non-Essential Retailers to Reopen

One day before allowing “low-risk” retailers to reopen on a limited basis, California Governor Gavin Newsom on Thursday announced guidelines for certain retailers, manufacturers and other businesses to reopen fully during...more

Back to Work: Governor Gavin Newsom Issues Guidance for Reopening California

California Governor Gavin Newsom was the first U.S. governor to impose a statewide stay at home order. He has now reported that his aggressive action appears to have flattened the curve of COVID-19 cases in the state, and...more

Membership and Subscription Based Companies in U.S. May Face Pandemic-Related Class Actions Despite Providing Additional Benefits...

Numerous businesses will face consumer class action claims across the U.S. related to or arising out of the worldwide coronavirus pandemic. The wave of those claims has already started....more

FDA Issues Guidance on Alcohol-Based Hand Sanitizer Production in Response to COVID-19

In response to the outbreak of COVID-19, the Food and Drug Administration (“FDA”) has issued guidance for industry that will temporarily expand manufacturers’ ability to legally produce and sell alcohol-based hand...more

Year in Review: 2019 Food, Beverage and Supplement Litigation Roundup

FDA Issues New Rule Regarding Calorie Type Size Requirement on Vending Machine Products - On October 25, 2019, the FDA issued a final rule revising the type size requirements for calorie labeling on foods sold in vending...more

FDA and USDA Guidance on Worker Safety and Sanitation in Food Production Facilities

As the COVID-19 pandemic has continued to escalate, both the Food and Drug Administration (“FDA”) and the U.S. Department of Agriculture (“USDA”) have issued guidance and public statements advising manufacturers and...more

Recommended Steps for Addressing the Pause Order

Effective March 21, 2020, at 5 pm, Illinois joined six other States in implementing a Stay at Home Order to address the COVID-19 outbreak. The Order states that all businesses that are not Essential Businesses and Operations...more

2019 Year in Review for Financial Services Class Actions

Focus areas included FCRA, Fair Lending, ancillary fees and services (such as lender placed flood insurance), TCPA, privacy and data security and other topics. Consumer Financial Protection Bureau’s Director Kathleen...more

What Rules Will Govern Claims Relating to CBD in Food, Beverages and Supplements?

Within the last two months, three class action lawsuits have been filed in federal courts against companies that sell ingestible products containing cannabidiol (CBD), a chemical compound found in the cannabis plant, alleging...more

CCPA Security FAQs: Does a consumer have to establish injury to bring suit in federal court in California under the CCPA?

Yes. Section 1798.150 of the CCPA permits consumers to “institute a civil action” if the consumer’s “personal information, as defined in subparagraph (A) of paragraph (1) of subdivision (d) of Section 1798.81.5, is subject...more

CCPA Security FAQs: Can a consumer bring suit in a California state court under the CCPA even if they were not injured by a data...

Yes, if they satisfy the elements of a CCPA data breach claim. Section 1798.150 of the CCPA permits consumers to “institute a civil action” if the consumer’s “personal information, as defined in subparagraph (A) of paragraph...more

Food Suppliers: Understand What Your Contamination and Recall Insurance Policies Do and Don’t Cover – Then Plan Accordingly

Last year saw a massive E. coli outbreak linked to romaine lettuce which left growers, packers and retailers struggling to identify root causes and assign liability – all while trying to protect end users from illness and...more

The Ninth Circuit Finds Inaccurate Credit Reporting Alone Does Not Confer Article III Standing

On March 25, 2019, the United States Court of Appeals for the Ninth Circuit dealt another setback to plaintiffs trying to establish Article III standing to assert a claim under the Fair Credit Reporting Act, 15 U.S.C. § 1681,...more

BCLP’s 2018 Food, Beverage & Supplement Litigation Roundup

It was another active year in 2018 for class action litigation targeting the food, beverage and supplement industries. A cross-practice team from Bryan Cave Leighton Paisner has authored a roundup of the most notable...more

California’s Cage-Free Eggs Law Faces Supreme Court Challenge By Other States

Briefing is now complete in a lawsuit filed by more than a dozen states asking the United States Supreme Court to block a California law requiring any eggs sold within the state to come from chickens that have sufficient...more

Spokeo IV: Cert Denied and the Circuit Splits Left Behind

On January 22, 2018, the United States Supreme Court denied a petition for writ of certiorari in Spokeo v. Robins – bringing an end to an appellate saga that started in the Ninth Circuit Court of Appeals before heading up to...more

Ninth Circuit Strikes Down Parts of Idaho’s Ag-Gag Law; Other Laws Face Legal Challenges

The Ninth Circuit’s recent decision striking down parts of Idaho’s ag-gag law, which aims to deter undercover investigation by making it a crime to lie to gain entry into animal facilities, is the latest court decision to...more

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