News & Analysis as of

Public Health Retail Market

Troutman Pepper Locke

Are State ENDS Directories Preempted? Federal Courts Are Split

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Over the past two years, at least 15 states have enacted laws requiring manufacturers of electronic nicotine delivery systems (ENDS) to certify the status of their federal premarket tobacco product applications (PMTAs) in...more

Troutman Pepper Locke

Unpacking the Illicit E-Cigarette Crackdown by State AGs

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In mid-January, a bipartisan coalition of nine state attorneys general, as well as the Washington, D.C., attorney general, announced a coordinated effort to curb illicit electronic cigarette sales. The attorneys general of...more

DLA Piper

Food and Beverage News and Trends - January 2025 #2

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FDA issues proposed rule on front-of-package nutrition labeling. The FDA has released its proposed rule on front-of-package nutrition labeling which, if enacted, would add a requirement to include an informational box that...more

DLA Piper

FDA Issues Updated Final Rule for "Healthy" Labeling

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The US Food and Drug Administration (FDA) released the final rule providing new criteria for when foods may be labeled with the nutrient content claim “healthy.” This rule, released on December 19, 2024, has been a priority...more

Shook, Hardy & Bacon L.L.P.

FDA Announces Final Rule Updating Definition of "Healthy" Nutrient Content Claim - Food and Beverage Litigation and Regulatory...

The U.S. Food and Drug Administration (FDA) has announced a final rule updating the definition of the nutrient content claim “healthy.” To qualify as “healthy” under the updated definition, food products must contain a...more

DLA Piper

Food and Beverage News and Trends - December 2024 #2

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This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal, and regulatory landscape. FSIS moving to strengthen oversight of food processing facilities with focus on...more

Shook, Hardy & Bacon L.L.P.

Listeria-Related Recalls Prompt Proposed Class Actions - Food and Beverage Litigation and Regulatory Update

Boar’s Head, Treehouse Foods and BrucePac face proposed class actions following a series of Listeria-related recalls. Harper v. Boar’s Head Provisions Co. Inc., No. 24-0860 (E.D. Cal., filed October 21, 2024)...more

Troutman Pepper Locke

California AG Provides Update on State Tobacco Enforcement Efforts

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Last month, California Attorney General (AG) Rob Bonta announced the awardees for the 2024-2025 Tobacco Grant Program, a program spearheaded by the California Department of Justice (DOJ) that aims to support local law...more

Troutman Pepper Locke

Class Action Lawsuit Alleges Puff Bar Violated State Consumer Protection Laws

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A consumer class action lawsuit has been filed in the U.S. District Court for the Southern District of New York against EVO Brands, LLC and PVG2, LLC, both doing business as Puff Bar. The lawsuit alleges that Puff Bar...more

Stikeman Elliott LLP

Health Canada: Changes to the Cosmetic Regulations

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The Regulations Amending Certain Regulations Concerning the Disclosure of Cosmetic Ingredients (SOR/2024-63) (the “Amended Cosmetic Regulations), published on April 24, 2024, took effect on October 9th (with the exception of...more

Shook, Hardy & Bacon L.L.P.

Vermont Governor Signs Law Banning PFAS from Cosmetics - Dietary Supplement & Cosmetics Legal Bulletin

Vermont Gov. Phil Scott has signed into law a bill banning several chemicals including per- and polyfluoroalkyl substances (PFAS) from cosmetics and personal care products....more

ArentFox Schiff

California Greatly Expands List of Cosmetics Fragrances Reportable as Allergens

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Since January 1, 2022, California’s Fragrance and Flavor Ingredients Right to Know Act of 2020 has required manufacturers of cosmetic products to disclose the following information to the California Department of Public...more

Troutman Pepper Locke

Massachusetts High Court Upholds Local Tobacco Sales Ban

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The Massachusetts Supreme Judicial Court (SJC) recently upheld, in a unanimous decision, the town of Brookline’s ordinance banning the sale of tobacco and e-cigarette products to anyone born after Jan. 1, 2000 (the Tobacco...more

Troutman Pepper Locke

TTB Seeking Public Input on Potential Alcoholic Beverage Labeling Changes

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As we previously reported, the Treasury Department released a 2022 report on Competition in the Markets for Beer, Wine, and Spirits (the Competition Report) recommending, in part, that the Alcohol and Tobacco Tax and Trade...more

Troutman Pepper Locke

FDA’s Center for Tobacco Products Releases Annual Regulatory Agenda

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We recently discussed the U.S. Food and Drug Administration’s (FDA) Center for Tobacco Products’ (CTP) strategic plan intended to guide CTP’s activity for the next five years. On the same day, CTP released its annual...more

Troutman Pepper Locke

Virginia AG Reminds Suppliers: Price Gouging Laws in Effect Due to Wildfires

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On November 7, Virginia Attorney General (AG) Jason Miyares reminded suppliers that the current state of emergency caused by wildfires triggered Virginia’s anti-price gouging statutes, which prohibit businesses from raising...more

Troutman Pepper Locke

FDA Ramps Up Enforcement Against Flavored Disposable E-Cigarettes as External Pressures Mount

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In September, the U.S. Food and Drug Administration (FDA) issued two new rounds of warning letters to online retailers, manufacturers, and distributors for reportedly selling or distributing unauthorized e-cigarette products....more

Segal McCambridge

Seventh Circuit Holds That Product Manufacturers Are Responsible for Their Product’s Packaging Under Illinois Law

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You can’t judge a book by its cover, but you can hold the publisher liable for the packaging. In its recently issued opinion, Johnson v. Edward Orton, Jr. Ceramic Foundation, 71 F.4th 601 (7th Cir. 2023), the Seventh Circuit...more

Cadwalader, Wickersham & Taft LLP

Investor Coalitions Urge Consumer Goods Companies to Take Action to Reduce Plastics

In a statement released on May 3, 2023, the Dutch Association of Investors for Sustainable Development (VBDO) called for companies in the fast-moving consumer goods (FMCGs) and grocery retail sectors to reduce their...more

Buchalter

Toxic-Free Cosmetic Act Enacted in Washington State

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Governor Jay Inslee signed HB 1047, Washington State’s Toxic-Free Cosmetic Act (the Act) into law on May 15, 2023. The Act bans some of the most concerning chemicals added into cosmetic and personal care products, including...more

Davis Wright Tremaine LLP

A Makeover for the Cosmetic Industry: Legal Style

On December 29, 2022, President Biden signed into law the Consolidated Appropriations Act, 2023 (H.R. 2617), which by its name does not appear to have anything to do with cosmetics. However, buried in the approximately 1,650...more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update - April 2023

FDA Proposes Changes to Standards of Identity for Foods Including Salt- The U.S. Food and Drug Administration (FDA) has issued a proposed rule that would change the standards of identity (SOIs) for foods that include salt to...more

Shook, Hardy & Bacon L.L.P.

Food and Beverage Litigation and Regulatory Update - March 2023 #3

LEGISLATION, REGULATIONS & STANDARDS - California Lawmakers Introduce Legislation to Ban Five Food Additives - California lawmakers have introduced first-in-the-nation legislation seeking to ban five food...more

Shook, Hardy & Bacon L.L.P.

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

LEGISLATION, REGULATIONS & STANDARDS - USDA Proposes Rule Limiting 'Made in the USA' Claims for Meat, Poultry and Eggs - The U.S. Department of Agriculture (USDA) has issued a proposed rule that would tighten who can label...more

The Volkov Law Group

Food Company Pleads Guilty and Agrees to Pay $19.2 Million for Manufacturing Under Unsanitary Conditions

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The Justice Department has a long-record of criminal prosecutions of companies for manufacturing food products under unsanitary conditions.  In recent years, DOJ has prosecuted Blue Bell Ice Cream, Chipotle, ConAgra Grocery,...more

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