News & Analysis as of

Advertising Food Manufacturers

Saul Ewing LLP

Marketing Risk in the Age of Wellness: When Are Food Claims Misbranding?

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On October 1, 2024, the U.S. Food and Drug Administration (FDA or the Agency) implemented its unified Human Foods Program (HFP). The Agency established the HFP – which represented the single largest reorganization in FDA’s...more

Cozen O'Connor

Latest Texas AG Food Probe Puts Mars in a Sticky Situation

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Texas AG Ken Paxton announced that he is investigating Mars, Inc., the maker of products like M&M’s and Skittles, for allegedly engaging in deceptive trade practices in violation of state consumer protection laws when...more

Hogan Lovells

What’s next for UK HFSS regulation?

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First introduced in 2007 and ramping up in the last few years, several restrictions have been put in place in the UK to limit the promotion and advertising of food and drink products that are high in fat, sugar or salt...more

King & Spalding

European Court of Justice Restricts Advertising for Food with Botanicals

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On April 30, 2025, the Court of Justice of the European Union (CJEU) has ruled that advertising food products containing botanicals with health claims is not permitted until the European Commission has granted the permission...more

Troutman Pepper Locke

Texas AG Spurs National Reform for General Mills

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Texas Attorney General (AG) Ken Paxton announced that General Mills has agreed to remove petroleum-based artificial dyes from its cereals and school food products throughout the U.S. by summer 2026, and from its entire U.S....more

American Conference Institute (ACI)

[Virtual Conference] Food Law and Regulation Boot Camp - July 22nd - 23rd, 8:15 am - 2:00 pm CST

Food laws and regulations are evolving rapidly — you and your team must prepare now to navigate the changes and anticipate what’s next on the horizon. ACI's virtual Food Law and Regulation Boot Camp will equip you with the...more

Ervin Cohen & Jessup LLP

FDA Webinar on the Updated Criteria for Making a “Healthy” Claim

On April 10, 2025, the FDA held a public webinar on the updated criteria for companies to use the “healthy” nutrient content claim. This webinar tracked the final rule issued on December 27, 2024....more

Davis Wright Tremaine LLP

Stay ADvised: 2025, Issue 8

New York State Bill Aims To Take a Bite Out of Junk Food Ads for Kids - New York state lawmakers recently introduced a bill to restrict false and misleading advertising of "junk" food to children. They say the purpose of...more

Cozen O'Connor

Texas AG Has No Taste for Kellogg’s Alleged Misrepresentations about Artificial Dyes

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Texas AG Ken Paxton has opened an investigation into WK Kellogg Co. in connection with allegations that the company misrepresented whether its products contained artificial dyes and preservatives in violation of state...more

Alston & Bird

For Your Consumption – March 2025: Always Reading the Tea Leaves

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In the March edition of For Your Consumption, our food & beverage digest of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, there’s nothing natural about beavers’ anal...more

Venable LLP

[Event] 11th Advertising Law Symposium - March 20th, Washington, DC

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Venable's AdLaw Symposium is back! Please join us in our Washington, DC, headquarters for this highly anticipated event focused on providing you with the information you need to promote your brand with confidence....more

Ice Miller

FDA Final Rule for “Healthy” Nutrient Content Claims Effective Date Looms but Rule’s Future Is Uncertain

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After years of rulemaking with impassioned input from food producers, industry stakeholders, and consumer groups, on December 27, 2024, the Food and Drug Administration (FDA or Agency) published a final rule titled “Food...more

BakerHostetler

[Podcast] AD Nauseam: Food, Glorious Food Pt. 2 – NAD Analysis

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On today’s episode of AD Nauseam Amy and Daniel are back to discuss more advertising cases relating to food marketing for part two of their episode, “Food Glorious Food.”...more

Alston & Bird

FDA’s Final Rule for “Healthy” Claim Requirements: What Industry Should Know

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Our Food, Beverage & Agribusiness Team unpacks what companies need to know about the Food and Drug Administration’s final rule on “healthy” food labeling....more

Fox Rothschild LLP

Healthy Or Not? The FDA’s New Rule Redefines What “Healthy” Means On Food Labels

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The FDA recently issued a final rule, which updates the definition for the implied nutrient content claim “healthy.” The definition change aims for “healthy” to be consistent with current nutrition science and Federal dietary...more

Husch Blackwell LLP

Navigating Legal Waters: Ensuring Success in the Functional Beverage Industry

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To succeed in the growing functional beverage industry, understanding key legal issues is crucial. As new functional beverage brands continue to emerge, business owners need to consider a variety of legal issues, including...more

BakerHostetler

[Podcast] AD Nauseam: Food, Glorious Food!

BakerHostetler on

On today’s episode of Ad Nauseam Amy and Daniel talk about some advertising cases relating to food marketing, including some oldies but goodies....more

Shook, Hardy & Bacon L.L.P.

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

Fox Rothschild LLP

USDA Publishes New Guidelines on Meat and Poultry Labels:

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Imagine this: you’ve got a weekend BBQ lined up with friends, and you’re ready to impress with mouthwatering steaks and chicken wings. You head to the supermarket, excited to pick the best cuts, but as you browse the meat and...more

Bilzin Sumberg

Barilla's Pasta Under Fire: Class Action Certified Based on Misleading Label Intimating “Italian” Origin

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On May 28, 2024, Chief Magistrate Judge Donna M. Ryu, of the United States District Court for the Northern District of California, certified a class of consumers in an action against Barilla Foods....more

Kilpatrick

NAD's Scrutiny of Non-Standard Testing Protocols: A Cautionary Tale

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A recent decision by the National Advertising Division (“NAD”) serves as a helpful reminder that companies should generally adhere to accepted industry protocols when testing their products. Using non-standard testing to...more

Kelley Drye & Warren LLP

Proposed Federal Legislation Would Require Warning Labels and Advertising Prohibitions on ​“Junk Foods”

On April 19th, Sen. Bernie Sanders (I-Vt.), Sen. Cory Booker (D-N.J.), and Sen. Peter Welch (D-Vt.) introduced The Childhood Diabetes Reduction Act (the ​“Act”). In a press release that positions the Act as having the same...more

Womble Bond Dickinson

New York Attorney General Sues JBS for its Climate Claims

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New York State Attorney General Letitia James has filed a lawsuit against beef producer JBS in state court. The allegations center around JBS’s allegedly misleading marketing claims related to its commitment to reduce climate...more

Shook, Hardy & Bacon L.L.P.

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

American Conference Institute (ACI)

[Event] 8th Advanced Summit on Food Law - April 30th - May 1st, Chicago, IL

Attend ACI’s 8th Advanced Summit on Food Law – Regulation, Compliance and Litigation and obtain the tools and techniques you need to meet the legal and regulatory challenges which the food industry is now facing as well as...more

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