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Saul Ewing LLP

Marketing Risk in the Age of Wellness: When Are Food Claims Misbranding?

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On October 1, 2024, the U.S. Food and Drug Administration (FDA or the Agency) implemented its unified Human Foods Program (HFP). The Agency established the HFP – which represented the single largest reorganization in FDA’s...more

Haynes Boone

Louisiana to Require Disclosures of Specified Food and Color Additives

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Now the law in Louisiana, Senate Bill 14 (S.B. 14) not only prohibits certain food ingredients in school-provided meals and beverages, but also requires food manufacturers to disclose the presence of certain food additives...more

Hogan Lovells

What’s next for UK HFSS regulation?

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First introduced in 2007 and ramping up in the last few years, several restrictions have been put in place in the UK to limit the promotion and advertising of food and drink products that are high in fat, sugar or salt...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

Alston & Bird

For Your Consumption – March 2025: Always Reading the Tea Leaves

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In the March edition of For Your Consumption, our food & beverage digest of court cases and litigation trends affecting the food, beverage, agribusiness, and cosmetics industries, there’s nothing natural about beavers’ anal...more

Ice Miller

FDA Final Rule for “Healthy” Nutrient Content Claims Effective Date Looms but Rule’s Future Is Uncertain

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After years of rulemaking with impassioned input from food producers, industry stakeholders, and consumer groups, on December 27, 2024, the Food and Drug Administration (FDA or Agency) published a final rule titled “Food...more

Alston & Bird

FDA’s Final Rule for “Healthy” Claim Requirements: What Industry Should Know

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Our Food, Beverage & Agribusiness Team unpacks what companies need to know about the Food and Drug Administration’s final rule on “healthy” food labeling....more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update - October 2024

BBB National Programs’ National Advertising Division has recommended that Gruma Corp. discontinue and modify certain claims on its tortilla products. Olé Mexican Foods, Inc., a competitor, challenged Gruma's packaging claims....more

Perkins Coie

Notable Ruling Roundup - July 2024 #2

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Our notable ruling roundup aims to keep our readers up to date on recent rulings in the food & consumer packaged goods space. Candice Bradby v. Bimbo Bakeries USA, Inc., No. 1:23-cv-00522-LKG (D. Md. – April 12, 2024): The...more

Bilzin Sumberg

Barilla's Pasta Under Fire: Class Action Certified Based on Misleading Label Intimating “Italian” Origin

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On May 28, 2024, Chief Magistrate Judge Donna M. Ryu, of the United States District Court for the Northern District of California, certified a class of consumers in an action against Barilla Foods....more

Kilpatrick

NAD's Scrutiny of Non-Standard Testing Protocols: A Cautionary Tale

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A recent decision by the National Advertising Division (“NAD”) serves as a helpful reminder that companies should generally adhere to accepted industry protocols when testing their products. Using non-standard testing to...more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update

LEGISLATION, REGULATIONS & STANDARDS - 20 State AGs Ask FDA to Act on Lead, Metals in Baby Food - Citing a wave of childhood lead poisoning connected to recalled applesauce pouches, a group of 20 state attorneys general...more

Davis Wright Tremaine LLP

Stay ADvised: Brand Protection & Advertising Law News - August 2023

Plot Twist: NAD Agrees That Advertiser Makes Implied Claims of Improved Animal Welfare – But Finds Advertiser's Claim Is Substantiated - The nonprofit organization Animal Welfare Institute (AWI) filed a challenge with the...more

Perkins Coie

Weekly Notable Ruling Roundup - June 2023

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Our weekly roundup aims to keep our readers up to date on recent notable rulings in the food & consumer packaged goods space. - Felix Bermudez et al. v. Colgate-Palmolive Company, No. 1:21-cv-10988-JLR (S.D.N.Y. – March...more

BakerHostetler

Folks Might Be Chicken to Using Green Seals After Reading This NAD Case

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Last week, we blogged about an environmental ESG NAD challenge brought by an advocacy group; this week features a blog about an animal welfare ESG NAD challenge also brought by an advocacy group. The challenge was...more

Hogan Lovells

USDA issues final rule strengthening oversight and enforcement of its organic regulations

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The U.S. Department of Agriculture (USDA) Agricultural Marketing Service (AMS) has amended its organic regulations to strengthen oversight and enforcement of the National Organic Program (NOP). The final rule, which requires...more

Blake, Cassels & Graydon LLP

Trois questions que tous les fabricants de nouveaux produits alimentaires devraient se poser

Au Canada, le secteur des produits alimentaires est particulièrement dynamique et devient de plus en plus en pointu au fil du temps. En effet, grâce au perfectionnement des technologies agricoles, le choix de produits...more

Blake, Cassels & Graydon LLP

Three Questions All New Food Product Manufacturers Need to Ask

Canada’s thriving food industry grows more sophisticated by the day as AgTech advancements pave the way for an ever-expanding array of new and innovative products to hit the market. After the years of research and...more

BakerHostetler

FDA Issues Proposed Rule Updating "Healthy" Food Claim Definition

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Key Takeaways - ..On September 28, 2022, the FDA issued a proposed rule to update the criteria for which foods can be labeled as “healthy” to align the definition with current nutrition science. ..For the first time,...more

Alston & Bird

Food & Beverage Digest – May 2021

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Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries. This month, there’s no swimming in the fizzy...more

Alston & Bird

Food & Beverage Digest – March 2021

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Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries. This month, the Ninth Circuit gets krabby,...more

BakerHostetler

AD-ttorneys@law – January 2021 #1

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Candymaker Tries to Fend Off Vanilla Class Action- Plaintiff argues that consumer taste justifies painful legal extraction - Bean Stalkers - Mars Wrigley Confectionery—we’ll just call them Mars, the familiar corporate...more

BakerHostetler

AD-ttorneys@law – October 2020 #3

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Puffy Class Action Deflated by $1.9 Million Settlement - Mass-producer of tandoori supermarket breads won’t change packaging (much) - Folklore Fusion - Friend v. FGF Brands (USA), Inc. is a modern-day, South-Asian themed take...more

BakerHostetler

AD-ttorneys@law – August 2020 #4

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Consumers Sue Mobile App Maker Over Loot Boxes - Supercell singled out for creating a gambling space for youngsters - Too Old for This - We need a minute. Just a minute. Our heads are throbbing. We just got through looking at...more

Ervin Cohen & Jessup LLP

USDA Announces New Rule to Fight Organic Fraud

On August 5, 2020, the Agricultural Marketing Service of the U.S. Department of Agriculture published a proposed rule designed to strengthen the agency’s oversight and enforcement of the production, handling, and sale of...more

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