News & Analysis as of

Food Labeling Enforcement Actions

Morgan Lewis - Well Done

New Texas Legislation on Color Additives – Takeaways for Industry

As we have previously discussed, state and federal government authorities are turning their attention toward artificial coloring in foods. Most recently, Texas Governor Greg Abbott signed into law SB 25 targeting the sale of...more

DLA Piper

States Move Ahead With MAHA Agenda for Ultra-processed Food

DLA Piper on

As the Trump Administration considers what actions to take in response to its May 22, 2025 Make Our Children Healthy Again (MAHA) Assessment, state legislatures are taking action to regulate what they consider...more

Mayer Brown

Consumer Groups Call on Trump Administration for Stronger Alcohol Labeling

Mayer Brown on

On June 18, 2025, 24 prominent consumer, public health, and food allergy groups called on the Trump Administration to enforce stronger federal alcohol labeling policies, including moving forward with a cancer warning as...more

Morgan Lewis - Well Done

FDA Updates Food Labeling Compliance Program: What It Means for Food Manufacturers

In June 2025, the US Food and Drug Administration (FDA) announced a major update to its General Food Labeling Requirements Compliance Program—the first overhaul of this program since 2010. This program guides FDA inspectors...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

Cozen O'Connor

General Mills Agrees to Stop Using Artificial Dyes After Texas AG’s Biting Investigation

Cozen O'Connor on

Texas AG Ken Paxton announced that General Mills, Inc. has agreed to remove artificial dyes from its products to resolve an investigation into the company’s alleged misrepresentations about the health of its products in...more

Sheppard Mullin Richter & Hampton LLP

Trial Court Strikes Down California’s Prop 65 Acrylamide Warning Requirements

A Federal District Court in California has ruled that Proposition 65 warning requirements for dietary acrylamide are unconstitutional. The California Chamber of Commerce (“CalChamber”) sued five years ago challenging the...more

Paul Hastings LLP

Recent Investigations by the Texas Attorney General Piggyback on Federal ‘Make America Healthy Again’ Initiatives

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Texas Attorney General Ken Paxton recently announced that his office is investigating some of the country’s most ubiquitous home brands — including Colgate-Palmolive, Proctor & Gamble, and General Mills — for allegedly...more

Greenberg Glusker LLP

Court Finds Requiring Prop. 65 Warnings for Acrylamide in Food is Unconstitutional

Greenberg Glusker LLP on

On May 2, 2025, the U.S. District Court for the Eastern District of California issued a landmark ruling in California Chamber of Commerce v. Bonta, Case No. 2:19-cv-02019, holding that Proposition 65 (“Prop. 65”) warning...more

Cozen O'Connor

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

Cozen O'Connor on

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

Sheppard Mullin Richter & Hampton LLP

FDCA Preemption: A Powerful Tool for Defending Class Actions

Several recent cases arising under the federal Food, Drug, and Cosmetic Act (“FDCA” or the “Act”), 21 U.S.C. § 301 et seq., highlight the usefulness of preemption as a defense against putative class actions concerning drugs,...more

Foley Hoag LLP

Product Liability Update - January 2024

Foley Hoag LLP on

MASSACHUSETTS - First Circuit Holds Putative Class Action Claims Alleging Deceptive Practices In Labeling of Lactase Product As Dietary Supplement Instead Of Drug When Product Claimed To Treat Lactose Intolerance...more

ArentFox Schiff

FTC Crack Down Continues Against False Made in USA Claims

ArentFox Schiff on

The Federal Trade Commission (FTC) continues to evidence a strong commitment to bringing enforcement actions against false or deceptive US-origin marketing claims. In short, to avoid landing on the wrong side of such an...more

BakerHostetler

AD-ttorneys@law - April 2022

BakerHostetler on

Trade Secret Case Unravels Unequal Fashion Partnership - Small designer Mrinalini accuses fashion giant Valentino of spying, stealing and worse. The Royal She - In high fashion, creative output is the whole game -...more

Farella Braun + Martel LLP

The FASTER Act: What Companies Need to Know about the New Food Allergy Law

While the Food Allergy Safety, Treatment, Education, and Research Act (FASTER Act) only makes a minor change to add sesame as a major food allergen, it signals the government’s intent to closely examine food allergen...more

Seyfarth Shaw LLP

Consumer Fraud Increases in the Wake of COVID-19 and Enforcement Activities Quickly Follow

Seyfarth Shaw LLP on

Last week, the Federal Trade Commission (“FTC”) and Food & Drug Administration (“FDA”) ramped up their enforcement letters since they first issued COVID-19 related warning letters a month ago. ...more

Harris Beach Murtha PLLC

FDA Focuses on Compliance, not Enforcement, with Enforcement Discretion of New Labeling Rules for Nutrition Facts and Supplement...

The deadline to comply with the Food and Drug Administration’s (FDA) Nutrition Facts and Supplement Facts label final rules is quickly approaching. Per the new rules, companies with annual sales totaling $10 million or more...more

Hogan Lovells

FDA Announces Form of Enforcement Discretion for First Six Months After New Nutrition Labeling Rule Compliance Date

Hogan Lovells on

Today, the U.S. Food and Drug Administration (FDA) updated its “Industry Resources on the Changes to the Nutrition Facts Label” webpage questions and answers, stating that the agency does not intend to take enforcement...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update l July 2019 #4

LEGISLATION, REGULATIONS & STANDARDS - FDA Issues Warning Letter to CBD Co. for Unsubstantiated Claims - The U.S. Food and Drug Administration (FDA) has issued a warning letter to Curaleaf Inc. for “illegally selling...more

Holland & Knight LLP

FDA Issues Statement on Cannabis Regulation and Announces Public Hearing

Holland & Knight LLP on

On April 2, 2019, FDA outlined new steps to advance review of potential regulatory pathways for cannabis-containing and cannabis-derived products. In a statement issued by Commissioner Scott Gottlieb, released in conjunction...more

Smart & Biggar

Keeping those New Year's resolutions just got a little easier in Ontario

Smart & Biggar on

The Ontario Healthy Menu Choices Act and its Regulations, which became effective January 1, 2017, aims to allow Ontarians to make informed food and beverage choices when eating in a restaurant or purchasing take-away meals. ...more

McDermott Will & Schulte

FDA to Redefine “Healthy” Claim for Food Labeling

The Food and Drug Administration (FDA) recently took two actions involving the use of the claim “healthy” on food labels. First, FDA opened a docket to solicit comments on whether, and if so how, to revise the criteria that...more

Seyfarth Shaw LLP

Impact of California Appellate Decision on Proposition 65 Actions Unclear

Seyfarth Shaw LLP on

On April 28, 2015, the Environmental Law Foundation (“ELF”) filed a petition in the California Supreme Court for review of the Court of Appeal’s recent decision in Environmental Law Foundation v. Beech-Nut Nutrition Corp., et...more

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