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Food and Beverage Litigation and Regulatory Update - June 2025

The Presidential Commission to Make America Healthy Again (MAHA) has released its assessment identifying key drivers of childhood chronic disease, including poor diet and aggregation of environmental chemicals. The report...more

Food and Beverage Litigation and Regulatory Update - April 2025

The U.S. Department of Health and Human Services (HHS) and Food and Drug Administration (FDA) have announced actions to phase out petroleum-based synthetic dyes from foods in the U.S. food supply. In a news release, FDA said...more

FDA Publishes Front-of-Pack Regulation, Bans Red Dye No. 3

The U.S. Food and Drug Administration (FDA) has published a proposed front-of-package nutrition label, the "Nutrition Info box," that would give consumers readily visible information about the "Low," "Med" or "High" levels of...more

FDA Announces Final Rule Updating Definition of "Healthy" Nutrient Content Claim - Food and Beverage Litigation and Regulatory...

The U.S. Food and Drug Administration (FDA) has announced a final rule updating the definition of the nutrient content claim “healthy.” To qualify as “healthy” under the updated definition, food products must contain a...more

Food and Beverage Litigation and Regulatory Update - November 2024

The U.S. Codex Office will hold a public meeting on November 14, 2024, to receive public comments on agenda items and U.S. positions for the Codex Alimentarius Commission, held November 25-30, 2024, in Switzerland. Issues to...more

Petition Seeks FDA Rulemaking Requiring Declaration of Animal-Derived Ingredients - Food and Beverage Litigation and Regulatory...

The Animal Legal Defense Fund (ALDF) and a coalition of 16 other organizations and individuals have submitted a petition for rulemaking calling on the U.S. Food and Drug Administration (FDA) to require that products...more

Food and Beverage Litigation and Regulatory Update - October 2024 #2

The Animal Legal Defense Fund (ALDF) and a coalition of 16 other organizations and individuals have submitted a petition for rulemaking calling on the U.S. Food and Drug Administration (FDA) to require that products...more

Food and Beverage Litigation and Regulatory Update - October 2024

BBB National Programs’ National Advertising Division has recommended that Gruma Corp. discontinue and modify certain claims on its tortilla products. Olé Mexican Foods, Inc., a competitor, challenged Gruma's packaging claims....more

USDA Issues Updated Guideline for Substantiating Animal-Raising Labeling Claims - Food and Beverage Litigation and Regulatory...

The U.S. Department of Agriculture’s (USDA's) Food Safety and Inspection Service (FSIS) has issued updated guidance on substantiating animal-raising and environment-related labeling claims on meat and poultry products. In the...more

Consumer Alleges Whole Grain Saltine Crackers Mislead Consumers - Food and Beverage Litigation and Regulatory Update

A New York woman has filed a putative class action alleging Mondelez Global LLC's Nabisco Whole Grain Premium Saltine Crackers' “whole grain” labeling is misleading because the main flour ingredient is non-whole grain...more

Food and Beverage Litigation and Regulatory Update - August 2024 #4

The United Kingdom’s Advertising Standards Authority (ASA) has banned a social media advertisement for food-delivery company Just Eat after finding the company had not taken all possible measures to prevent it from being...more

Food and Beverage Litigation and Regulatory Update - August 2024

LEGISLATION, REGULATIONS & STANDARDS - Lawmakers Introduce Bill Banning Commercial Octopus Farming - A bipartisan group of U.S. senators has introduced a law that would ban commercial octopus farming in the United States...more

Food and Beverage Litigation and Regulatory Update - August 2024 #3

LEGISLATION, REGULATIONS & STANDARDS - FDA Announces Draft Guidance for Sodium Reduction Efforts - The U.S. Food and Drug Administration (FDA) has issued draft guidance that would support reducing the average individual...more

Food and Beverage Litigation and Regulatory Update - July 2024

LEGISLATION, REGULATIONS & STANDARDS - FDA Revokes Rule Allowing Brominated Vegetable Oil in Foods - The U.S. Food and Drug Administration (FDA) has revoked its regulation authorizing the use of brominated vegetable oil...more

Lawsuit Challenges Poppi Soda’s Prebiotic, Gut-Health Marketing Claims

VNGR Beverage LLC faces a proposed class action alleging the company makes misleading health claims about its Poppi soda products. Cobbs v. VNGR Beverage, LLC, No. 24-3229 (N.D. Cal., filed May 29, 2024)....more

UK Labour Party Intends to Ban Energy Drink Sales to Children

The UK Labour Party has signaled that it intends to ban the sale of highly caffeinated energy drinks to those under the age of 16 should it prevail in the country’s July 4, 2024, general election....more

Food and Beverage Litigation and Regulatory Update - June 2024 #2

LEGISLATION, REGULATIONS & STANDARDS - UK Labour Party Intends to Ban Energy Drink Sales to Children - The UK Labour Party has signaled that it intends to ban the sale of highly caffeinated energy drinks to those under...more

Food and Beverage Litigation and Regulatory Update - June 2024

LEGISLATION, REGULATIONS & STANDARDS - FDA Receives Approval for Reorganization Creating Unified Human Foods Program - The U.S. Food and Drug Administration (FDA) has received approval for a reorganization proposal seeking...more

Food and Beverage Litigation and Regulatory Update - March 2024 #3

LEGISLATION, REGULATIONS & STANDARDS  - State Lawmakers Introduce Food Additive Bans - State lawmakers in three states have introduced bills seeking to prohibit the use of food additives, building on a first-in-the-nation...more

Graham Cracker Lawsuit to Continue

Afederal court in New York has dismissed some allegations in a complaint alleging Wakefern Food Corp.’s graham crackers packaging misleads consumers into believing the product has more whole grain graham flour than non-whole...more

Food and Beverage Litigation and Regulatory Update - March 2024 #2

LEGISLATION, REGULATIONS & STANDARDS - FDA Approves Qualified Health Claims for Yogurt - The U.S. Food and Drug Administration (FDA) will allow qualified health claims asserting the consumption of yogurt is associated...more

Food and Beverage Litigation and Regulatory Update

LEGISLATION, REGULATIONS & STANDARDS - 20 State AGs Ask FDA to Act on Lead, Metals in Baby Food - Citing a wave of childhood lead poisoning connected to recalled applesauce pouches, a group of 20 state attorneys general...more

Food and Beverage Litigation and Regulatory Update - February 2024

LEGISLATION, REGULATIONS & STANDARDS - Illinois Lawmaker Proposes Food Additive Ban - An Illinois State Senator has proposed a law that would ban four food additives. State Sen. Willie Preston (D-Chicago) introduced Senate...more

Food and Beverage Litigation and Regulatory Update - December 2023

Shook Partner Published on New York Consumer Protection Laws - Cary Silverman, a partner in the firm’s Public Policy Group, was published in Albany’s Times Union letters to the editor on a proposed New York consumer...more

Food and Beverage Litigation and Regulatory Update - November 2023

LEGISLATION, REGULATIONS & STANDARDS - FDA Proposes Ban on Brominated Vegetable Oil - The U.S. Food and Drug Administration (FDA) has proposed banning the use of brominated vegetable oil (BVO) in food, concluding the...more

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