Appeals, State and Local Government, Food and Drug Administration (FDA)

No Supremacy Clause Preemption Where State Statute Doesn’t Conflict With Federal

McDermott Will & Schulte on 5/8/2025

The US Court of Appeals for the Fifth Circuit explained that ordinarily, when state law contradicts with federal law, the state law may be preempted by the federal law under the US Constitution’s Supremacy Clause. However,...more

Product Liability Update - April 2025

Foley Hoag LLP on 4/9/2025

Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

Ninth Circuit Rules on Legality of Delta-8 THC Products

Perkins Coie on 5/20/2022

On May 19, 2022, the U.S. Circuit Court of Appeals for the Ninth Circuit issued an opinion holding that Delta-8 THC products are legal at the federal level and eligible for intellectual property protection...more

“Fruit Puree” Held a Fair Game First Ingredient in Fruit Snacks Label by California Court of Appeal

Faegre Drinker Biddle & Reath LLP on 11/12/2020

The California Court of Appeal, First Appellate District, recently affirmed judgment in favor of a fruit snack manufacturer who claimed “fruit” was stated to be the first ingredient on a front label but listed “fruit puree”...more

What's New In Washington - September 2018

Akin Gump Strauss Hauer & Feld LLP on 10/4/2018

Following a truncated August recess, the House and the Senate returned to Washington after Labor Day with a full plate of legislative items to address prior to the end of the fiscal year on September 30. That list includes...more

Food & Beverage Litigation Update | June 2018 #2

Shook, Hardy & Bacon L.L.P. on 6/18/2018

LEGISLATION, REGULATIONS & STANDARDS - FDA Releases Guidance on Dietary Fiber Labeling - The U.S. Food and Drug Administration has released guidance identifying eight non-digestible carbohydrates that the agency intends...more