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Food and Beverage Litigation and Regulatory Update - March 2023 #3

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

Food and Beverage Litigation and Regulatory Update - March 2023 #2

LEGISLATION, REGULATIONS & STANDARDS - USDA Proposes Rule Limiting 'Made in the USA' Claims for Meat, Poultry and Eggs - The U.S. Department of Agriculture (USDA) has issued a proposed rule that would tighten who can label...more

“Fudge Covered Oreo” Lawsuit Dismissed

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

Study Reportedly Finds Potential Links Between Erythritol and Cardiovascular Risk

A study published February 27, 2023, in the journal Nature Medicine has purportedly found possible links between erythritol and major adverse cardiovascular events such as heart attack or stroke. Erythritol is an artificial...more

Food and Beverage Litigation and Regulatory Update - March 2023

LEGISLATION, REGULATIONS & STANDARDS - FDA Announces Update on Human Foods Program Restructuring - The U.S. Food and Drug Administration (FDA) has issued a news release with an update on the restructuring of its Human Foods...more

FDA Issues Draft Guidance on Plant-Based Milk Alternatives

The U.S. Food and Drug Administration (FDA) has announced the availability of draft guidance for industry on labeling plant-based milk alternatives.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

USDA Issues Updated Organic Rules

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

Food and Beverage Litigation and Regulatory Update - January 2023 #2

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

Food and Beverage Litigation and Regulatory Update - January 2023

LEGISLATION, REGULATIONS & STANDARDS - Omnibus Spending Bill Includes Congressional Notes to FDA - President Biden has signed a spending bill that includes additional funding for the U.S. Food and Drug Administration (FDA)...more

Grillo's Sues Wahlburgers for Preservative Claims

Pickle maker Grillo's Pickles, Inc. has filed suit against the maker of Wahlburgers pickles, alleging the company makes misleading claims about its pickles' freshness and all natural and preservative-free status. Grillo's...more

Velveeta Packaging Misleads Consumers on Cook Time, Suit Alleges

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

Food & Beverage Litigation Update - November 2022 #2

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

Food & Beverage Litigation Update - November 2022

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

Food & Beverage Litigation Update - October 2022

On October 19, 2022, the U.S. Federal Trade Commission held a forum titled “Protecting Kids from Stealth Advertising in Digital Media” to discuss ever-growing concerns over advertising to youth, particularly in the digital...more

Food & Beverage Litigation Update - September 2022 # 3

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

Food & Beverage Litigation Update - September 2022 #2

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

Food & Beverage Litigation Update - September 2022

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

Food & Beverage Litigation Update - August 2022 # 2

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

Food & Beverage Litigation Update - July 2022

The attorneys general of 22 states have submitted a letter to the U.S. Food and Drug Administration (FDA) and Department of Agriculture (USDA) asserting that the agencies “are not sufficiently prioritizing a public health...more

Food & Beverage Litigation Update - June 2022

Chambers and Partners has listed Shook’s Food, Beverage and Agribusiness Practice as Band 4 in its USA – Nationwide rankings. According to Chambers, “The Shook, Hardy & Bacon team is respected for its representation of...more

Food & Beverage Litigation Update - February 2022

Advocacy Groups File Petition on Nanomaterials in Infant Formula - The Center for Food Safety and International Center for Technology Assessment have filed a rulemaking petition urging the U.S. Food and Drug Administration...more

Food & Beverage Litigation Update - October 2021

Shook Of Counsel John Johnson joins AIB International’s Judi Lazaro for another installment of their webinar series answering commonly asked questions about FDA regulations. Join Johnson and Lazaro on October 25, 2021, at...more

Food & Beverage Litigation Update l July 2021

Shook Of Counsel John Johnson III will join AIB International’s Judi Lazaro for the second webinar in a series on answering frequently asked questions about the U.S. Food and Drug Administration. During the webinar, Johnson...more

Food & Beverage Litigation Update l May 2021

Additional Probes, Lawsuits Announced on Toxic Elements in Baby Food - New York Attorney General Letitia James has announced a probe into whether baby food contains toxic elements such as arsenic and other metals. In a...more

Food & Beverage Litigation Update l April 2021 #3

UN Releases Report On Edible Insects And Food Safety - The United Nations’ Food and Agriculture Organization has released a report examining potential challenges in the production of food developed from edible insects....more

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