News & Analysis as of

Food Labeling Retailers

Katten Muchin Rosenman LLP

Texas and Louisiana Serve Up New Laws on Food Product Labels and Disclosures

In a significant move toward greater labeling transparency and state oversight of food policy, Texas and Louisiana have enacted new laws requiring special labels and disclosures for certain food ingredients. Aimed at...more

Mayer Brown

Heavy Metals in Rice Class Action Raises Increasing Risks for Retailers and Distributors

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A recently filed class action lawsuit in the US District Court for the Western District of Washington underscores growing legal risks for retailers and distributors of rice products in the United States. Plaintiffs in Wright...more

Greenberg Glusker LLP

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

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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

Clark Hill PLC

The Learned Concierge - December 2024, Vol. 15

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The Learned Concierge - Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

DLA Piper

Food and Beverage News and Trends - October 2024

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This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal, and regulatory landscape. California: Newsom signs three significant food bills. California Governor Gavin...more

Clark Hill PLC

The Learned Concierge - April 2024, Vol. 7

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The Learned Concierge - Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

Downey Brand LLP

A Year in Review – Prop. 65 Notices: Unleaded Gasoline Notices Emerge as a Top Trend Across the State in 2023

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Two thousand twenty-three was no exception to the trend of recent years in the ever-increasing issuance of private enforcer-led Proposition 65 60-Day Notices of Violation (“Notices”) to businesses allegedly selling consumer,...more

Alston & Bird

Food & Beverage Digest – January 2024: A Safe, Non-Addictive, and Healthy Alternative

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In the January edition of the Food & Beverage Digest, our roundup of court cases and regulations affecting the food, beverage, agribusiness, and cosmetics industries, a consumer wants her 2 ounces, a Slack-Fill Slayer has...more

Clark Hill PLC

The Learned Concierge - December 2023, Vol. 3

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Welcome to your monthly legal insights on the trends impacting the Retail, Hospitality, and Food & Beverage Industries....more

Ervin Cohen & Jessup LLP

Ninth Circuit Upholds Dismissal of “Just Fruit” Lawsuit

On April 28, 2023, a panel of judges from the U.S. Court of Appeals for the Ninth Circuit upheld a lower court’s dismissal of a lawsuit against Kroger alleging that the company misleadingly labeled spreadable fruit products...more

K&L Gates LLP

Litigation Minute: New Bioengineered Food Disclosure Rules and Litigation Risks

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WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - As of 1 January 2022, certain retailers, manufacturers, and importers are required to disclose the presence of bioengineered food and food that contains bioengineered...more

Downey Brand LLP

2021 Prop. 65 Roundup: More Than 3,000 Notices for the Usual Suspects Including Lead and Heavy Metals in Various Foods, Alleged...

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Twenty twenty-one proved to be another busy year in the world of California’s Proposition 65 (“Prop. 65”). Despite the second full year of the COVID-19 pandemic, Prop. 65 citizen plaintiff groups remained highly active....more

Bradley Arant Boult Cummings LLP

PepsiCo Announces Launch of Rockstar Unplugged — A “New Kind of Energy” and a New Alternative to CBD Beverages

In a recent article, we noted that beverage industry giants have announced future plans to explore the CBD beverage market — a market that has an expected valuation of $1.4 billion by 2023....more

Downey Brand LLP

Proposition 65 Notices of the Month – February 2021: Fruits & Vegetables, Pretzels, Chips, Tostadas, Seafood, and More Plastic...

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In February, Proposition 65 (“Prop. 65”) plaintiff groups issued, per normal, just around three hundred (300) total 60-Day Notices of Violation (“Notices”)—two hundred and ninety-six (296) Notices to be exact—and some of...more

Downey Brand LLP

Proposition 65 Notices of the Month – January 2021: Duck Callers, Duck (To Eat), More Seafood, Fruits & Vegetables, and Plastic...

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Two thousand twenty-one is off to a roaring start in California’s Proposition 65 (“Prop. 65”) world. Prop. 65 plaintiff groups issued two hundred thirty-seven (237) total 60-Day Notices of Violation (“Notices”), with a number...more

Environmental General Counsel PC

California's Prop 65 - Companies with Fewer than 10 Employees

Companies with fewer than ten employees are exempt from California’s Proposition 65 warning requirements but may nonetheless have a sophisticated distribution network for their product, making them an attractive target for...more

King & Spalding

Seventh Circuit Revives Deceptive Labeling Claims Against Parmesan Cheese Manufacturers and Retailers

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On December 7, 2020, the Seventh Circuit joined three other circuits—the First, Second, and Ninth—in holding that an accurate fine-print list of ingredients does not foreclose, as a matter of law, a claim that an ambiguous...more

Downey Brand LLP

Proposition 65 Notices of the Month – 2020 Prop. 65 Roundup: Over 3,500 Notices Sent Alleging Warning Labels Required for Hundreds...

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Twenty-twenty was an unprecedented year of crisis throughout the world with the onset of the COVID-19 pandemic. Stay-at-home orders, quarantines, remote work, and Zoom-school did not slowdown Proposition 65 plaintiffs,...more

Husch Blackwell LLP

FDA Reiterates Importance Of Allergen Labeling By Issuing Warning Letter Following Repeated Recalls

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On December 16, 2020, the U.S. Food and Drug Administration (“FDA”) issued a corporate Warning Letter to Whole Foods Market (“Whole Foods”) following 32 recalls Whole Foods conducted over an approximate one year period for...more

King & Spalding

Court Certifies Class Despite Plaintiff’s Admission that She Consistently Purchased the Product Years Before the Allegedly...

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On November 9, 2020, Judge Jeffrey Miller of the Southern District of California certified a class of California citizens alleging that Kroger violated various California consumer protection laws by mislabeling its...more

Downey Brand LLP

Proposition 65 Notices of the Month – Nov. 2020: Pretzels, Molasses, Sunflower Seeds, Shampoos, Leather Gloves & Fishing Weights –...

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In November 2020, Proposition 65 (“Prop. 65”) plaintiff groups issued three hundred and fourteen (314) Prop. 65 60-Day Notices of Violation (“Notices”). In these Notices, plaintiff groups allege that chemicals in foods and...more

Downey Brand LLP

Proposition 65 Notices of the Month – Oct. 2020: Lead in Food, Diethanolamine in Personal Care Products, Formaldehyde in Bed Sheet...

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October 2020 Proposition 65 (“Prop. 65”) claims were, once again, varied and abundant with respect to food and consumer product allegations. Plaintiff groups issued three hundred and thirty-three (333) total Prop. 65 60-Day...more

Downey Brand LLP

Proposition 65 Notices of the Month – Sept. 2020: Hundreds of Notices Allege Acrylamide in Snack Foods and Phthalates in Plastic...

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September 2020 Proposition 65 (“Prop. 65”) claims were, for the most part, “oldies but goodies.” Plaintiff groups issued three hundred and forty (340) total Prop. 65 60-Day Notices of Violation (“Notices), over two hundred...more

Kilpatrick

RCG Webinar | Where's the Beef?

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Ensuring a healthy food industry supply chain is vital as we cope with the effects of the current pandemic. With shortages in some areas and massive waste in others, the industry must consider ways to pivot their thinking and...more

Downey Brand LLP

Proposition 65 Notices of the Month – April 2020: Plaintiffs Target Various Food Products Including Vinegars, Baby Food Pouches,...

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California Proposition 65: Trends and Highlights in April 2020 - As COVID-19, shelter-in-place orders and California Court closures continued into April, new Proposition 65 (“Prop. 65”) claims were plentiful and creative,...more

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