News & Analysis as of

California Food Safety

DLA Piper

Food and Beverage News and Trends - June 2025 #3

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This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal, and regulatory landscape. The FDA is seeking public comment on a proposed method for ranking chemicals in...more

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

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

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

Greenberg Glusker LLP

Sherry Jackman Shares Insights on the Food & Beverage Industry in 2025 with L.A. Times Studios

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Environmental and Regulatory Compliance Partner Sherry Jackman participated in the L.A. Times Studios’ Food & Beverage Industry Roundtable. Sherry was one of three leading food and beverage industry experts to share her...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

Jones Day

Proposed California Legislation Aims to Phase Out Ultra-Processed Foods From School Meals

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California Assembly Bill 1264 reflects continued state interest in restrictive legislation directed at the food and beverage industry and, in particular, food additives. ...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

Greenberg Glusker LLP

California Leads with New Food Safety Laws

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California has taken a major step in food safety and sustainability with the passage of Assembly Bill 660 (AB 660) and the California School Food Safety Act (AB 2316), signed into law by Governor Gavin Newsom on September 28,...more

K&L Gates LLP

California's Updated Proposition 65 Regulations New Short-Form Warnings and More

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Longtime efforts by the California Office of Environmental Health Hazard Assessment (OEHHA) to amend the so-called “short-form” safe harbor warnings for California’s Proposition 65 appear to be nearing completion. On 13 June...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

Fisher Phillips

California Employers Are Now Required to Pay for Food Handler Cards: Your 4-Step Action Plan

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California has long required food handlers in restaurants to obtain certification — and until now, training and testing has been the employee’s responsibility. A new law Governor Newsom approved on October 8, however, shifts...more

Wilson Sonsini Goodrich & Rosati

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

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

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

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

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

Wilson Sonsini Goodrich & Rosati

California Enacts Strict New Rules on Packaging Materials

On June 30, 2022, California Governor Gavin Newsom signed into law SB 54, putting into place some of the nation’s strictest, far-reaching regulations on packaging materials. The legislation mandates significantly reduced use...more

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