News & Analysis as of

Food Labeling Food Safety and Inspection Service (FSIS)

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

Perkins Coie

FDA and USDA Seek Comments on Standardizing Food Date Labeling

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The U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS) and the U.S. Food and Drug Administration (FDA) recently published a joint Request for Information (RFI) seeking stakeholder input related...more

Hogan Lovells

FDA and USDA Request Information Related to Standardizing Food Date Labeling

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The U.S. Food and Drug Administration (FDA) and the U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) recently announced a Request for Information (RFI) related to standardizing food date...more

Hogan Lovells

USDA publishes updated Guideline on Substantiating Animal-Raising or Environment-Related Labeling Claims

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Last month, the US Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) published an updated Guideline on Substantiating Animal-Raising or Environment-Related Labeling 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

Shook, Hardy & Bacon L.L.P.

USDA Issues Updated Guideline for Substantiating Animal-Raising Labeling Claims - Food and Beverage Litigation and Regulatory...

The U.S. Department of Agriculture’s (USDA's) Food Safety and Inspection Service (FSIS) has issued updated guidance on substantiating animal-raising and environment-related labeling claims on meat and poultry products. In the...more

Husch Blackwell LLP

USDA Publishes New Meat and Poultry Labeling Guidance

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On August 28, 2024, the U.S. Department of Agriculture (USDA) released an updated guidance document regarding the substantiation of all animal-raising and environment-related claims on meat and poultry packaging. This new...more

Perkins Coie

USDA-FSIS Updates Substantiation Guideline for Animal-Raising and Environment-Related Claims

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On August 28, 2024, USDA’s Food Safety and Inspection Service (FSIS) released an updated Guideline on Substantiating Animal-Raising or Environment-Related Labeling Claims for meat and poultry product labeling. Animal-raising...more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update - August 2024

LEGISLATION, REGULATIONS & STANDARDS - Lawmakers Introduce Bill Banning Commercial Octopus Farming - A bipartisan group of U.S. senators has introduced a law that would ban commercial octopus farming in the United States...more

Perkins Coie

USDA Issues Final Rule on Voluntary “Product of USA” Claims

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On March 18, USDA’s Food Safety and Inspection Service (FSIS) published its Final Rule on Voluntary Labeling of FSIS-Regulated Products with U.S.-Origin Claims (Final Rule). The Final Rule covers meat, poultry, and egg...more

Hogan Lovells

USDA announces final rule on voluntary “Product of USA” label claim

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On March 11, 2024, the U.S. Department of Agriculture (USDA) Food Safety and Inspection Service (FSIS) announced in prepublication form a final rule establishing the requirements for voluntary United States-origin label...more

Perkins Coie

USDA Issues New Directives as Cell-Cultured Meat Moves to Market

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The U.S. Department of Agriculture’s Food Safety and Inspection Service (USDA-FSIS) issued Directive 7800.1 on June 21, 2023, providing further insight into the agency’s inspection and verification activities for the...more

Shook, Hardy & Bacon L.L.P.

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

The U.S. Food and Drug Administration (FDA) has announced additional proposed changes to the Office of Regulatory Affairs (ORA) as part of its proposal to create a unified Human Foods Program (HFP), building on a proposal...more

Ervin Cohen & Jessup LLP

USDA to Increase Substantiation Requirements for Animal-Raising Claims

On June 14, 2023, the U.S. Department of Agriculture (“USDA”) announced that it was implementing a multi-step effort to strengthen the substantiation of animal-raising claims. Animal-raising claims are voluntary marketing...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

Davis Wright Tremaine LLP

'Made in the USA'? USDA Pitches Major Changes for Labeling Meat and Egg Products

In March 2023, the USDA Food Safety and Inspection Service ("FSIS") issued a proposed rule that would amend regulations defining when companies may use the voluntary label claim "Product of USA" and "Made in the USA." Here's...more

Hogan Lovells

FSIS issues final rule expanding generic label approval

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The U.S. Food Safety and Inspection Service (FSIS) recently issued a final rule expanding the circumstances under which it will generically approve the labels of meat, poultry, and egg products. As a result of the expansion,...more

Shook, Hardy & Bacon L.L.P.

Food & Beverage Litigation Update - November 2022 #2

Cultured Chicken Passes FDA Pre-Market Consultation - The U.S. Food and Drug Administration (FDA) has completed a pre-market consultation for chicken meat made from cultured animal cells, finding “no further questions at...more

Morrison & Foerster LLP - Class Dismissed

Till The Cows Come Home: Tenth Circuit’s Affirmation Of Federal Preemption Is A Win For Defendants In Food Labeling Cases

The Tenth Circuit recently held that the Federal Meat Inspection Act (FMIA) gets the final word on what “Product of the U.S.A.” means for labels of beef products. Thornton v. Tyson Foods, Inc., No. 20-2124, 2022 WL 727628...more

Bilzin Sumberg

Cohen v. ConAgra- Poultry False Advertising Claims Survive Despite Federally Preempted Product Mislabeling Claim

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In October of this year, the Ninth Circuit Court of Appeals analyzed the issue of federal preemption in the context of poultry product labeling. The plaintiff in Cohen v. ConAgra Brands, Inc., brought a putative class action...more

Fox Rothschild LLP

USDA-FSIS Extends Comment Period on Labeling Requirements for Meat and Poultry Products Comprised of, or Containing, Cultured...

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Labeling of meat and poultry products has been the subject of numerous lawsuits, in which labels claiming products are, for example, “natural,” “humanely-raised,” “antibiotic-free,” are alleged to be fraudulent, amongst other...more

Beveridge & Diamond PC

USDA Opens Comment Period for Labeling Requirements for Cell-Cultured Meat and Poultry Products (Updated)

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Update - In response to stakeholder requests, USDA-FSIS has extended the comment period for its proposed rule to December 3, 2021. On September 3, 2021, the U.S. Department of Agriculture, Food Safety and Inspection...more

Patterson Belknap Webb & Tyler LLP

Fowl Ground: Ninth Circuit Reaches Unusual Result Applying Federal Preemption Law in Poultry Labeling Case

A few months ago, we analyzed the Ninth Circuit’s decision in Webb v. Trader Joe’s Company, No. 19-56389 (June 4, 2021), which held that a private plaintiff’s challenge to poultry labeling claims were preempted by federal...more

Cooley LLP

Alert: What’s at Steak: USDA Solicits Comments on Cultured Meat Labels

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Using recent advances in cell culture technology, numerous companies are developing meat products produced in vitro using cultured cells derived from living animals. As such companies get ready to market their products to...more

Beveridge & Diamond PC

USDA Opens Comment Period for Labeling Requirements for Cell-Cultured Meat and Poultry Products

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On September 3, 2021, the U.S. Department of Agriculture, Food Safety and Inspection Service (USDA-FSIS) opened a comment period in advance of a proposed rule on labeling requirements for meat and poultry products comprised...more

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