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Product Labels Misbranding

Perkins Coie

Food & Consumer Packaged Goods Litigation Year in Review 2024

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Perkins Coie Releases Ninth Annual Food & Consumer Packaged Goods Litigation Year in Review. In 2024, class action filings against the consumer packaged goods (CPG) industry reached a near high, with close to three hundred...more

Morrison & Foerster LLP

Implied Preemption for Dietary Supplements Is Here to Stay

On April 15, 2024, in a big win for the continued validity of implied preemption, the Supreme Court declined to hear an appeal of the First Circuit’s preemption-based dismissal of a proposed misbranding class action. The...more

Fishman Haygood LLP

U.S. Eleventh Circuit Rejects FIFRA Preemption in Roundup Case

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As of May 2022, Monsanto, the company that developed the allegedly cancer-causing weed killer Roundup, has settled more than 100,000 lawsuits, and paid nearly $11 billion in settlements. Despite this massive number, 30,000...more

Alston & Bird

Food & Beverage Digest – June 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, plaintiffs can’t remember the taste...more

Alston & Bird

Food & Beverage Digest – November 2020

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Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and settlements affecting the food, beverage, agribusiness, and cosmetics industries. This month, vanilla is the finest of the...more

BakerHostetler

AD-ttorneys@law – November 2020 #1

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“The Dog Ate My Plush Toy” Doesn’t Fly in Orca Case - Sea World prevails in bench trial when plaintiff fails to produce stuffed toy - Whale of a… Okay, okay, it’s a class action involving Sea World’s former orca shows—you...more

Alston & Bird

Food & Beverage Digest – October 2020

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Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and settlements affecting the agribusiness, food, beverage, and cosmetics industry. This month, not all Ritas are lovely, someone...more

BakerHostetler

AD-ttorneys@law – October 2020 #1

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First Amendment Rescues Butter Marketing from Regulation’s Hot, Hot Knife - Miyoko’s Kitchen can keep buttering up consumers, but must let the hormones go - Precious?...more

Alston & Bird

Food & Beverage Digest – September 2020

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Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and settlements affecting the agribusiness, food, beverage, and cosmetics industry. This month, not all gummies are natural, one class...more

Alston & Bird

Food & Beverage Digest – August 2020

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Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and settlements affecting the agribusiness, food, beverage, and cosmetics industry. This month, we all need more coffee (or at least...more

Arnall Golden Gregory LLP

No Food for You: FDA Detention of Food

Maybe it’s a product that you’ve imported into the U.S. dozens of times. Maybe this is your first time importing this product or you’re working with a new business partner. Maybe you’re very familiar with the process, or...more

Alston & Bird

Food & Beverage Digest – July 2020

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Welcome to the latest edition of the Food & Beverage Digest, our roundup of court cases and settlements affecting the agribusiness, food, beverage, and cosmetics industry. This month, pork is primed for dismissal, potato...more

Patterson Belknap Webb & Tyler LLP

Injunction Defunction: The Second Circuit Extinguishes Injunctive Relief as a Remedy for Consumer False Advertising Claims

Last week, the Second Circuit issued an important published decision holding that previously injured consumers who seek to challenge product labeling lack constitutional standing to pursue claims for injunctive relief, and...more

Patterson Belknap Webb & Tyler LLP

Federal Court Wipes Away Challenge to Nivea Lotion on Preemption Grounds

What distinguishes a “cosmetic” from a “drug” under the Federal Food, Drug, and Cosmetic Act (FDCA)? The FDA has struggled to offer clear guidance on the distinction, but the classification as one or the other (or both)...more

Arnall Golden Gregory LLP

FDA Issues Warning Letter for Unapproved Medical Device for Significant Product Quality and Corrective Action-Related Violations

The Food and Drug Administration issued a Warning Letter to a medical device company after conducting an inspection of the facility’s medical device operations....more

Harris Beach Murtha PLLC

FDA Issues Warning Letters on CBD Dietary Supplements

On March 28, 2019, the Food and Drug Administration (FDA), in collaboration with the Federal Trade Commission (FTC), issued warning letters to Advanced Spine and Pain, LLC, Nutra Pure, LLC, and PotNetwork Holdings, Inc. The...more

Mintz - Consumer Product Safety Viewpoints

What’s in a Name? When You’re Selling a Food with an Established Federal Standard of Identity, a Whole Lot!

A bluntly labeled section of the Code of Federal Regulations – “Mayonnaise” – provides a description of this particular food dressing, the food’s required ingredients, optional ingredients, and how to declare those...more

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