LEGISLATION, REGULATIONS & STANDARDS -
FDA Issues Warning Letter to CBD Co. for Unsubstantiated Claims -
The U.S. Food and Drug Administration (FDA) has issued a warning letter to Curaleaf Inc. for “illegally selling...more
7/26/2019
/ Arsenic ,
Beverage Manufacturers ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Commercial Speech ,
Consultation ,
Country of Origin ,
Energy Drinks ,
Enforcement Actions ,
EU ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
Hemp ,
Made in the USA ,
Marijuana ,
Misleading Impressions ,
Plant Based Products ,
Proposition 65 ,
Public Health ,
Regulatory Oversight ,
Seafood ,
Trade Dress ,
Trademark Infringement ,
Trademark Litigation ,
UK ,
Warning Letters
LEGISLATION, REGULATIONS & STANDARDS -
AGs Submit Comment to FDA on Cannabis -
A group of 38 state attorneys general have submitted a letter to the U.S. Food and Drug Administration (FDA) in response to the agency’s...more
7/23/2019
/ Baby Products ,
BPA ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Comment Period ,
Decriminalization of Marijuana ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
EU ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Health and Safety ,
Intellectual Property Protection ,
Marijuana ,
Marketing Perspectives ,
Misleading Impressions ,
Permanent Bans ,
Public Comment ,
Putative Class Actions ,
Regulatory Agenda ,
Regulatory Oversight ,
State Attorneys General ,
Toxic Chemicals ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
World Health Organization
Silverman Speaks to Congressional Staff About Food Litigation Trends -
Shook Partner Cary Silverman was an invited panelist at The George Mason University Antonin Scalia Law School’s Law and Economics Center’s...more
5/6/2019
/ Agricultural Sector ,
Beer ,
Beverage Manufacturers ,
Breweries ,
Class Action ,
Distilleries ,
Environmental Protection Agency (EPA) ,
False Advertising ,
Federal Trade Commission (FTC) ,
Food Allergies ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Gerber ,
GRAS ,
Hemp ,
Marijuana-Infused Edibles ,
New Legislation ,
Nutrition Facts Labels ,
Pending Legislation ,
Pesticides ,
Plastic Straw Ban ,
Public Health ,
TTB ,
Wine & Alcohol ,
Wineries
FSMA, Prop. 65 and Supply Chain Issues Among Subjects of Food Law Conferenc -
In-house and outside counsel joined representatives from the U.S. Food and Drug Administration (FDA), Department of Agriculture (USDA) and...more
4/26/2019
/ 3D Printing ,
Animal Food ,
Appeals ,
Arsenic ,
Beverage Manufacturers ,
Blockchain ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Consumer Reports ,
Disclosure Requirements ,
Draft Guidance ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Food Marketing ,
Food Recalls ,
FSMA ,
Health Claims ,
Marijuana-Infused Edibles ,
Misleading Statements ,
Natural Products ,
Online Advertisements ,
Pesticides ,
Proposition 65 ,
Putative Class Actions ,
Social Media ,
Toxic Exposure ,
Water Supplies
LEGISLATION, REGULATIONS & STANDARDS -
FDA Announces Webinar on Genome Editing in Animals -
The U.S. Food and Drug Administration has announced an April 25, 2019, public webinar about “genome editing in animals, an...more
3/22/2019
/ Agribusiness ,
Beverage Manufacturers ,
Children's Products ,
Environmental Review ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Genetically Engineered Animals ,
GMO ,
Health Claims ,
Lanham Act ,
Marijuana-Infused Edibles ,
Marketing ,
Misleading Impressions ,
Musical Sound Recordings ,
Organic ,
Restaurant Industry ,
Settlement Agreements ,
Statutory Violations ,
Trademark Infringement ,
USDA ,
Vaccinations ,
Whole Foods ,
World Health Organization
LEGISLATION, REGULATIONS & STANDARDS -
FDA Lifts Import Alert on GE Salmon -
The U.S. Food and Drug Administration (FDA) has deactivated an import alert that prevented the introduction of genetically engineered (GE)...more
3/15/2019
/ Beverage Manufacturers ,
Consumer Protection Laws ,
Copyright Infringement ,
Department of Health and Human Services (HHS) ,
Dietary Guidelines ,
Disclosure Requirements ,
False Advertising ,
Fishing Industry ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
Genetically Engineered Animals ,
Imports ,
Inherently Distinctive ,
Intellectual Property Protection ,
Marketing ,
Patent Infringement ,
Product Packaging ,
Putative Class Actions ,
Regulatory Requirements ,
Salmon ,
Trade Dress ,
Trademark Infringement ,
USDA
LEGISLATION, REGULATIONS & STANDARDS -
CBD Banned from New York Restaurants, in Limbo in Idaho -
New York City’s health department has reportedly ordered restaurants to stop serving products that contain cannabidiol...more
2/28/2019
/ All Natural ,
Cannabidiol (CBD) oil ,
Dairy Farmers ,
Farm Animals ,
Farms ,
Fast-Food Industry ,
Final Guidance ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Food Recalls ,
Food Supply ,
GMO ,
Hemp ,
In-N-Out ,
Legislative Agendas ,
Marijuana-Infused Edibles ,
Organic ,
Plant Based Products ,
Proposed Legislation ,
Putative Class Actions ,
Regulatory Requirements ,
Restaurant Industry ,
Slack-Fill Suits ,
State and Local Government
LEGISLATION, REGULATIONS & STANDARDS -
L.A. Proposal Would Require Vegan Option on Menus -
A Los Angeles councilperson has reportedly introduced a motion that would require entertainment venues and other establishments...more
12/14/2018
/ Advertising ,
Advertising Standards Authority ,
Amazon Marketplace ,
Beverage Manufacturers ,
European Food Safety Authority (EFSA) ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
Health Claims ,
Kellogg Company ,
Marijuana-Infused Edibles ,
Marketing ,
Product Packaging ,
Putative Class Actions ,
Safety Standards ,
Slack-Fill Suits ,
Toxic Exposure
LEGISLATION, REGULATIONS & STANDARDS -
USDA Redistributes Responsibilities Among Agencies -
The U.S. Department of Agriculture (USDA) has reallocated responsibilities between its agencies, resulting in the elimination...more
12/7/2018
/ Administrative Agencies ,
Beverage Manufacturers ,
Class Action ,
Class Certification ,
European Food Safety Authority (EFSA) ,
Farms ,
Food and Drug Administration (FDA) ,
Food Contamination ,
Food Manufacturers ,
Food Supply ,
Marketing Perspectives ,
Misleading Impressions ,
Natural Products ,
Ocean Spray ,
Regulatory Oversight ,
USDA
LEGISLATION, REGULATIONS & STANDARDS -
Ban on SSB Taxes Passes in Washington, Fails in Oregon -
Washington voters have reportedly approved a ballot measure that will prevent the state legislature from implementing a tax...more
11/9/2018
/ Beverage Manufacturers ,
Food & Drug Regulations ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Food Safety ,
Health Claims ,
Marijuana-Infused Edibles ,
Natural Products ,
Nutrition Facts Labels ,
Nutritional Supplements ,
Plant Based Products ,
Putative Class Actions ,
Regulatory Standards ,
Retail Market ,
Seafood ,
Soda Tax ,
Trademark Infringement ,
Trademark Litigation ,
Veganism
Silverman Publishes “In Search of the Reasonable Consumer: When Courts Find Food Class Action Litigation Goes Too Far” -
Shook Partner Cary Silverman has authored an article for the University of Cincinnati Law Review...more
10/25/2018
/ Agribusiness ,
Beverage Manufacturers ,
Dairy Farmers ,
Draft Guidance ,
False Advertising ,
Federal Trade Commission (FTC) ,
Fishing Industry ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
NAD ,
Natural Products ,
Price-Fixing ,
Putative Class Actions ,
Retail Market ,
Slack-Fill Suits
LEGISLATION, REGULATIONS & STANDARDS -
Codex Office to Finalize Strategic Plan -
The U.S. Codex Office has scheduled a meeting for November 2, 2018, to brief the public and receive comments on its 2019-2023 strategic...more
10/19/2018
/ Denmark ,
Farms ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
FSMA ,
Health Claims ,
Misrepresentation ,
Natural Products ,
Organic ,
Putative Class Actions ,
Slack-Fill Suits
LEGISLATION, REGULATIONS & STANDARDS -
FDA Seeks Input on Plant-Based Milks -
The U.S. Food and Drug Administration (FDA) has solicited public input on questions related to plant-based substitutes for dairy products...more
10/4/2018
/ Advertising Standards Authority ,
Beverage Manufacturers ,
BPA ,
Chipotle Grill ,
Class Action ,
Class Certification ,
Employment Litigation ,
Equal Employment Opportunity Commission (EEOC) ,
False Advertising ,
Farm Bill ,
Farms ,
Fast-Food Industry ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
GMO ,
Health Claims ,
Imports ,
Natural Products ,
Ocean Spray ,
Pesticides ,
Putative Class Actions ,
Religious Discrimination ,
Request For Information ,
Slack-Fill Suits ,
SNAP Program ,
Toxic Exposure ,
UK
Draft Guidance on Food Recalls Issued -
The U.S. Food and Drug Administration (FDA) has issued draft guidance on the release of retailer information during the food-recall process. The guidance indicates when the agency...more
9/27/2018
/ Academic Misconduct ,
Agricultural Sector ,
Children's Products ,
Department of Agriculture ,
Draft Guidance ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Recalls ,
GMO ,
Governor Brown ,
Organic ,
Putative Class Actions ,
Whole Foods
LEGISLATION, REGULATIONS & STANDARDS -
Senate Bill to Investigate PFAS Introduced -
Sens. Debbie Stabenow (D-Mich.), Mike Rounds (R-S.D.) and Gary Peters (D-Mich.) have introduced legislation that would providing...more
8/29/2018
/ Advertising ,
Advertising Standards Authority ,
Beverage Manufacturers ,
Dismissal With Prejudice ,
False Advertising ,
Food Manufacturers ,
Health & Safety Standard ,
Health Claims ,
Legislative Agendas ,
Misleading Impressions ,
Organic ,
Product Packaging ,
Proposed Legislation ,
Putative Class Actions ,
Toxic Chemicals ,
Toxic Exposure ,
UK ,
Unfair or Deceptive Trade Practices ,
Weight-Loss Products
LEGISLATION, REGULATIONS & STANDARDS -
ASA Upholds Complaints Against Ads Targeting Children -
The U.K. Advertising Standards Authority (ASA) has upheld the Obesity Health Alliance’s complaints against advertisements...more
8/15/2018
/ Advertising ,
Advertising Standards Authority ,
Anti-Competitive ,
Breach of Warranty ,
Children's Products ,
Class Certification ,
Dismissals ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
EU ,
Failure To Warn ,
False Advertising ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Trade Commission (FTC) ,
Fishing Industry ,
Food Contamination ,
Food Manufacturers ,
Food Safety ,
Grocery Stores ,
Health Claims ,
Kellogg Company ,
Kentucky Fried Chicken ,
Marketing ,
Negligence ,
Organic ,
Pesticides ,
Proposition 65 ,
Public Health ,
Putative Class Actions ,
Salmonella ,
Slack-Fill Suits ,
Strict Liability ,
UK ,
Vacated
LEGISLATION, REGULATIONS & STANDARDS -
INTERIOR DEPT. TO ALLOW GMO CULTIVATION ON NATIONAL LANDS -
The U.S. Department of the Interior has reportedly withdrawn a 2014 memorandum prohibiting the cultivation of genetically...more
8/8/2018
/ Agricultural Land ,
Americans with Disabilities Act (ADA) ,
Beverage Manufacturers ,
Bioengineering ,
Chipotle Grill ,
Department of the Interior ,
Deregulation ,
Disability Discrimination ,
Dunkin' Donuts ,
Fast-Food Industry ,
Federal Land ,
Food Contamination ,
Food Labeling ,
Food Manufacturers ,
Food Supply ,
Franchises ,
Genetically Engineered Seed ,
GMO ,
GMO Bans ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Public Accommodation ,
Putative Class Actions ,
Regulatory Reform ,
Salmonella ,
Slack-Fill Suits ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
USDA ,
Website Accessibility ,
Website Owner Liability ,
Websites ,
Wildlife Protection
LEGISLATION, REGULATIONS & STANDARDS -
FDA Announces Modernization for Dairy Product Identities -
Following his related statements at a conference, U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb has...more
8/1/2018
/ Advertising Standards Authority ,
Beverage Manufacturers ,
Centers for Disease Control and Prevention (CDC) ,
Court of International Trade ,
CRISPR ,
Dairy Farmers ,
Environmental Violations ,
EU ,
European Food Safety Authority (EFSA) ,
Fishing Industry ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Food Poisoning ,
Food Safety ,
Food Supply ,
GMO ,
Health Claims ,
Heinz ,
Imports ,
Intellectual Property Protection ,
Livestock Protocol ,
Marketing ,
Mexico ,
NRDC ,
Preliminary Injunctions ,
Public Health ,
Regulatory Oversight ,
Regulatory Requirements ,
Risk Assessment ,
Trademark Infringement ,
UK ,
USDA ,
Wine & Alcohol
LEGISLATION, REGULATIONS & STANDARDS -
FDA Commissioner Questions Milk Standards Enforcement -
At a speaking engagement, U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb reportedly expressed that the...more
7/25/2018
/ Advertising ,
Agricultural Sector ,
Antibiotics ,
Beverage Manufacturers ,
Breach of Warranty ,
Class Certification ,
Common Law Claims ,
Consumer Protection Laws ,
Dairy Farmers ,
False Advertising ,
Fast-Food Industry ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
Franchises ,
Fraud ,
Health Claims ,
Livestock Protocol ,
Magnuson-Moss Act ,
Natural Products ,
PA Supreme Court ,
Putative Class Actions ,
Regulatory Oversight ,
Retailers ,
Soda Tax ,
Trade Dress ,
Trademark Infringement ,
Trader Joes ,
Unjust Enrichment ,
Unlawful Trade Practices Acts
Proposal Would Move Food Regulation to USDA -
As part of a proposal to reorganize several federal agencies, the Trump administration has recommended that food-safety regulatory oversight be shifted to the U.S. Department...more
6/25/2018
/ Beer ,
Beverage Manufacturers ,
Breach of Contract ,
Breach of Warranty ,
Canada ,
Class Certification ,
False Advertising ,
Farm Animals ,
Food and Drug Administration (FDA) ,
Food Contamination ,
Food Manufacturers ,
Food Safety ,
Food Supply ,
Grocery Stores ,
Kellogg Company ,
Negligence ,
Negligent Misrepresentation ,
OEHHA ,
Organic ,
Partial Summary Judgments ,
Public Meetings ,
Putative Class Actions ,
Regulatory Oversight ,
Regulatory Requirements ,
Salmonella ,
Seafood ,
Strict Liability ,
Unjust Enrichment ,
USDA ,
Whole Foods
USDA Releases Proposed Bioengineered Ingredients Standard -
The Agricultural Marketing Service (AMS) of the U.S. Department of Agriculture (USDA) has released the proposed National Bioengineered Food Disclosure Standard,...more
5/7/2018
/ Bioengineering ,
Disclosure Requirements ,
False Advertising ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Safety ,
GMO ,
Livestock Protocol ,
Misleading Impressions ,
NAD ,
Nutrition Facts Labels ,
Organic ,
Pesticides ,
Preemption ,
Public Health ,
USDA