On March 24, 2025, West Virginia Gov. Patrick Morrisey signed House Bill 2354 into law, prohibiting the sale and distribution of food products with certain artificial food dyes and chemicals. The signing of HB 2354 means West...more
On Jan. 15, 2025, the U.S. Food and Drug Administration revoked its authorization for the use of Red Dye No. 3 in food and ingested medications. Red Dye No. 3, chemically known as erythrosine, is a synthetic color additive...more
In response to an outbreak of the H5N1 strain of bird flu among dairy cows in at least 15 states, the U.S. Department of Agriculture (USDA) issued a new federal order (the Order) requiring dairy farms and other entities...more
On Nov. 2, 2023, the Food and Drug Administration proposed revoking the regulation that authorizes the use of brominated vegetable oil (BVO) in food. BVO is a vegetable oil with added bromine that prevents the separation of...more
Pesticide suits may not have the staying power many in the food world feared, after all. Following news of the first billion-dollar verdict against the manufacturer of Roundup®, food and beverage companies braced as a series...more
Those who work in food labeling litigation are used to seeing vanilla complaints — that is, standard pleadings asserting the same allegations about label statements again and again. A new trend, however, has spawned several...more
On May 4, the Agricultural Marketing Service (AMS) of the U.S. Department of Agriculture announced a proposed rule to establish a national disclosure standard for foods that may contain bioengineered ingredients. AMS now...more
Commercial litigator Brooks Gresham and products liability litigator Trent Taylor bring us some timely thoughts about reliance from a recent decision by the U.S. District Court for the Northern District of California in a...more
As discussed in part 1 of this two-part series, the food and beverage industry is expected to see regulatory and legislative changes on multiple fronts in 2017. But industry observers also anticipate an active year in U.S....more
1/27/2017
/ Acquisitions ,
EU ,
European Commission ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
GMO ,
Mergers ,
TTIP ,
UK Brexit ,
Unfair or Deceptive Trade Practices ,
USDA
As we enter 2016, adulterated food-related investigations are leading the headlines—and should be leading companies in the food and beverage industry to ask what they can do to prevent and prepare for a potential outbreak on...more
1/19/2016
/ Criminal Prosecution ,
Department of Justice (DOJ) ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Food Manufacturers ,
Food Safety ,
Park Doctrine ,
Responsible Corporate Officer Doctrine ,
Risk Assessment ,
Risk Mitigation ,
Yates Memorandum
For 2015, the food and beverage industry will experience governmental attention on a number of fronts. Given the Department of Justice’s recent success in prosecuting food manufacturing executives on criminal charges, the...more
3/2/2015
/ Barack Obama ,
Criminal Prosecution ,
Data Breach ,
Department of Justice (DOJ) ,
Enforcement Actions ,
EU ,
Executive Orders ,
Food Manufacturers ,
Grocery Stores ,
Immigration Reform ,
Popular ,
Restaurant Industry