LEGISLATION, REGULATIONS & STANDARDS -
Amended Food Additive Bill Advances to California Governor’s Desk -
The California Senate has passed an amended version of a first-in-the-nation bill seeking to ban certain food...more
The U.S. Food and Drug Administration (FDA) has announced additional proposed changes to the Office of Regulatory Affairs (ORA) as part of its proposal to create a unified Human Foods Program (HFP), building on a proposal...more
Slack Fill Decision Cites Shook Attorneys’ Article
An opinion issued by the U.S. District Court for the Eastern District of Missouri has cited Shook Partners Cary Silverman and Jennifer Artman’s Missouri Bar Journal article...more
LEGISLATION, REGULATIONS & STANDARDS
California Assembly Passes Food Additive - Bill The California Assembly has passed a first-in-the-nation bill banning the use of five food additives, including Red Dye No. 3 and titanium...more
5/22/2023
/ Additive Manufacturing ,
Food Allergies ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
Public Health ,
Taco Bell ,
Trademark Infringement ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks
LEGISLATION, REGULATIONS & STANDARDS -
Group Petitions USDA to Prohibit ‘Low-Carbon Beef’ Label, Require Verification for Carbon Claims -
The Environmental Working Group (EWG) has petitioned the U.S. Department of...more
5/16/2023
/ Animal Cruelty ,
Beverage Manufacturers ,
California ,
Dormant Commerce Clause ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Food Safety ,
Food Safety and Inspection Service (FSIS) ,
Food Supply ,
GMO ,
Legislative Agendas ,
Natl Pork Prods Council v Ross ,
Product Labels ,
Proposed Regulation ,
Public Health ,
Putative Class Actions ,
Regulatory Agenda ,
Regulatory Reform ,
Salmonella ,
SCOTUS ,
Unfair or Deceptive Trade Practices ,
USDA
The U.S. Food and Drug Administration (FDA) has written a letter to the manufacturers and developers of new plant varieties, urging them to fully consider the potential ramifications of transferring the genes of allergens to...more
5/1/2023
/ BPA ,
Child Labor ,
Class Action ,
Comment Period ,
Data Breach ,
European Food Safety Authority (EFSA) ,
Food Allergies ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Safety ,
Food Supply ,
Grocery Stores ,
Human Rights ,
Plant Based Products ,
Public Health ,
USDA
FDA Proposes Changes to Standards of Identity for Foods Including Salt-
The U.S. Food and Drug Administration (FDA) has issued a proposed rule that would change the standards of identity (SOIs) for foods that include salt to...more
4/11/2023
/ Additive Manufacturing ,
Baby Products ,
Beer ,
Beverage Manufacturers ,
Constitutional Challenges ,
Dietary Guidelines ,
European Food Safety Authority (EFSA) ,
Food & Drug Regulations ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
Public Health ,
Retail Market ,
Soda Tax ,
USDA
A federal court in New York has thrown out a proposed class action against the maker of Cup Noodles and other instant noodle products claiming that its use of the phrase “No Added MSG” deceived consumers. Henry v. Nissin...more
An Illinois man has filed a lawsuit against Buffalo Wild Wings, accusing the restaurant chain of misleading consumers into believing its boneless wings are actually chicken wings. Halim v. Buffalo Wild Wings Inc., No. 23-1495...more
3/20/2023
/ Class Action ,
Common Law Claims ,
Consumer Fraud ,
Express Warranty ,
False Advertising ,
Food Labeling ,
Food Marketing ,
Franchises ,
Misleading Impressions ,
Restaurant Industry ,
Unfair or Deceptive Trade Practices ,
Unjust Enrichment
LEGISLATION, REGULATIONS & STANDARDS -
California Lawmakers Introduce Legislation to Ban Five Food Additives -
California lawmakers have introduced first-in-the-nation legislation seeking to ban five food...more
3/20/2023
/ Additive Manufacturing ,
Baby Products ,
Class Action ,
False Advertising ,
Food & Drug Regulations ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
Popular ,
Public Health ,
Retail Market
A New York court has dismissed with prejudice a complaint alleging that Mondelez Global misleads consumers by selling “Fudge Covered” Oreos produced without dairy ingredients containing milkfat. Leonard v. Mondelez Global...more
The U.S. Food and Drug Administration (FDA) has announced the availability of draft guidance for industry on labeling plant-based milk alternatives. The guidance indicates that plant-based milk alternatives can be labeled as...more
2/27/2023
/ Beverage Manufacturers ,
False Advertising ,
Food & Drug Regulations ,
Food Allergies ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Recalls ,
Food Supply ,
Fraudulent Marketing ,
PFAS ,
Plant Based Products ,
Public Health ,
Regulatory Agenda
The U.S. Food and Drug Administration (FDA) has announced the availability of draft guidance for industry on labeling plant-based milk alternatives. The guidance indicates that plant-based milk alternatives can be labeled as...more
The U.S. Department of Agriculture (USDA) has released a final rule amending organic regulations “to strengthen oversight and enforcement of the production, handling, and sale of organic agricultural products.”...more
Shook Senior Counsel Talks FDA on NOSH Podcast -
NOSH has interviewed Shook Senior Counsel John Johnson for an episode of its podcast. The episode discusses the implications of the December 2022 Reagan-Udall Foundation...more
1/23/2023
/ Breach of Contract ,
Class Action ,
False Advertising ,
Food & Drug Regulations ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Recalls ,
Food Safety ,
Food Supply ,
Organic ,
Public Health ,
Retail Market ,
Unfair Competition Law (UCL)
LEGISLATION, REGULATIONS & STANDARDS -
Evaluation of FDA Human Foods Program Finds Culture of “Constant Turmoil” -
An independent review commissioned by the U.S. Food and Drug Administration (FDA) of the Human Foods Program...more
12/19/2022
/ Advertising ,
Advertising Standards Authority ,
Beer ,
Beverage Manufacturers ,
Energy Drinks ,
Environmental Claims ,
Federal Trade Commission (FTC) ,
Food & Drug Regulations ,
Food and Drug Administration (FDA) ,
Food Contamination ,
Food Labeling ,
Food Supply ,
FTC Act ,
Green Guides ,
Marketing ,
Misleading Impressions ,
Popular ,
Public Health ,
Putative Class Actions ,
Trader Joes
A Florida woman has filed a putative class action against Kraft Heinz Foods Co. alleging the company misleads consumers as to the cook time of its Velveeta-brand microwavable macaroni and cheese product. Ramirez v. Kraft...more
Cultured Chicken Passes FDA Pre-Market Consultation -
The U.S. Food and Drug Administration (FDA) has completed a pre-market consultation for chicken meat made from cultured animal cells, finding “no further questions at...more
The U.S. Food and Drug Administration (FDA) has announced the release of the Interagency Food Safety Analytics Collaboration’s annual report, which provides data on source attribution estimates for 2020 for Salmonella, E....more
The U.S. Food and Drug Administration (FDA) has announced a proposed update to guidance on how the term “healthy” can be used in marketing and labeling food products. The announcement notes that current limitations on usage...more
The U.S. Department of Agriculture (USDA) has announced a public meeting to hear from stakeholders on positions for the December 2022 meeting of the Codex Committee on Food Hygiene. Topics to be covered include draft...more
Shook Partner Connor Sears has authored “Food, Drug, Cosmetic Cos. Should Expect More Additive Suits” for Law360. In the article, Sears explores the recent spate of litigation alleging that additives approved for use by the...more
A notice in the Official Journal of the European Union has announced a tightening of restrictions on the allowable amount of ethylene oxide, “an important chemical substance having multiple uses, including the use as a...more
CSPI Urges FDA to Establish Standardized Front-of-Package Labeling -
The Center for Science in the Public Interest (CSPI) has filed a regulatory petition asking the U.S. Food and Drug Administration (FDA) “to require on...more
Shook Of Counsel John Johnson III will co-present “Food and Dietary Supplement Regulation Year-in-Review” on Wednesday, March 30, 2022, at the Food and Dietary Supplement Safety and Regulation Conference. The conference,...more