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DLA Piper

Federal Court Declares Proposition 65 Warnings for Acrylamide in Food Unconstitutional

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The US District Court for the Eastern District of California on May 2, 2025 granted summary judgment in favor of the California Chamber of Commerce, holding that Proposition 65 warning requirements for acrylamide in food...more

Kilpatrick

Ninth Circuit Narrows Path for Omission-Based Consumer Claims in Baby Food Class Actions

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We previously wrote about conflicting decisions from New York federal courts on whether alleged economic damages establish Article III standing under a price premium theory in baby food toxic metals class actions. See New...more

ArentFox Schiff

RFK Jr. Sets Sights on Currently Authorized Synthetic Food Dyes

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On April 22, at the direction of US Department of Health and Human Services (HHS) Secretary Robert F. Kennedy, Jr., both the US Food and Drug Administration (FDA) and HHS published identical statements announcing the...more

Morgan Lewis - Well Done

State Legislation on Color Additives in Food: Takeaways for Industry

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Both state and federal government authorities have recently turned their attention toward artificial coloring in foods. The Food and Drug Administration (FDA) announced a series of measures in April 2025 to phase out all...more

Farella Braun + Martel LLP

District Court Issues Permanent Injunction Enjoining Enforcement of Prop 65 Warning Requirements for Dietary Acrylamide

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On May 2, 2025, the Eastern District of California found that Prop 65 warning requirements for dietary acrylamide violate the First Amendment, and granted a permanent injunction enjoining enforcement of those warnings....more

Downey Brand LLP

Court Overturns Prop 65 Acrylamide Warning

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On May 2, a federal district court in Sacramento permanently enjoined the Prop 65 warning for acrylamide in food, finding it to be unconstitutional. At issue in the case, California Chamber of Commerce v. Bonta (E.D. Cal. No....more

DLA Piper

Food and Beverage News and Trends - January 2025 #2

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FDA issues proposed rule on front-of-package nutrition labeling. The FDA has released its proposed rule on front-of-package nutrition labeling which, if enacted, would add a requirement to include an informational box that...more

K&L Gates LLP

California Bans Four Federally Cleared Additives from Use in Food

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On 7 October 2023, California Governor Gavin Newsom signed AB 418 (known as the California Food Safety Act) that bans four additives from use in food. The additives in question (brominated vegetable oil (BVO), potassium...more

MoFo Life Sciences

Golden State Crackdown—Unpacking California’s Landmark Food Safety Act

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This month, California Governor Gavin Newsom signed into law the California Food Safety Act—a bill targeted at enhancing food safety within California. The law bans the manufacture, sale, and distribution of four food...more

Jones Day

California Becomes the First State to Ban Four Common Food Additives

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With the swipe of a pen, California Governor Gavin Newsom starts the California Food Safety Act countdown to a 2027 statewide ban on four popular food additives. Starting January 1, 2027, companies manufacturing, selling,...more

Wilson Sonsini Goodrich & Rosati

California Prepares First-of-Its-Kind Food Additive Ban in the United States

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Last week, the California legislature approved Assembly Bill 418, the California Food Safety Act (AB 418), which is headed to Governor Gavin Newsom to sign or veto by October 14, 2023....more

Shook, Hardy & Bacon L.L.P.

California Assembly Passes Food Additive Bill

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The California Assembly has passed a first-in-the-nation bill banning the use of five food additives, including Red Dye No. 3 and titanium dioxide, in food products manufactured, sold or distributed in the state. The...more

Ward and Smith, P.A.

Uncertainty for the North Carolina Pork Industry: US Supreme Court Upholds California's Proposition 12

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In a major decision with widespread impact, the United States Supreme Court upheld California Proposition 12. ...more

Shook, Hardy & Bacon L.L.P.

Supreme Court Upholds California Limits on Pork Production

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The U.S. Supreme Court has affirmed the Ninth Circuit’s ruling upholding a California ban on pork sold in the state that was produced from pigs “confined in stalls so small they cannot lie down, stand up, or turn around.”...more

Shook, Hardy & Bacon L.L.P.

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

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LEGISLATION, REGULATIONS & STANDARDS - Group Petitions USDA to Prohibit ‘Low-Carbon Beef’ Label, Require Verification for Carbon Claims - The Environmental Working Group (EWG) has petitioned the U.S. Department of...more

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