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HTMLNew FDA Current Good Manufacturing Processes Rule Expected for Animal Food Manufacturers
Diane J. Romza-Kutz, Fredric E. Roth; Husch Blackwell LLP;
Legal Alert/Article
July 9, 2014, previously published on July 3, 2014
As part of the Food Safety Modernization Act (FSMA) passed in March of 2011, the FDA was given a mandate to update its regulations to create a new set of regulations/rules that enables it to prevent the introduction of adulterated food into the human and animal food supply in the U.S., as opposed...

 

HTMLThe Food Fight Continues: POM Wonderful’s Lanham Act Claim Not Barred by Food Labeling Regulations
Michael R. Annis, Christopher M. Bikus, Megan R. Galey; Husch Blackwell LLP;
Legal Alert/Article
June 26, 2014, previously published on June 17, 2014
Last Thursday (June 19), the U.S. Supreme Court unanimously decided that the federal Food, Drug and Cosmetic Act (“FDCA”) does not preclude POM Wonderful’s deceptive labeling claims under the Lanham Act against Coca-Cola. POM Wonderful LLC v. Coca-Cola Co., No. 12-761, slip op. at...

 

HTMLUnited States Court of Appeals for the District of Columbia Circuit Dismissed Plaintiffs’ Claims for Lack of Article III Standing and Failure to Demonstrate General Causation
Sarah M. Grago; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
June 25, 2014, previously published on June 2014
In Venancio Aguasanta Arias v. Dyncorp, the United States Court of Appeals for the District of Columbia Circuit affirmed all but one of the prior judgments rendered by the District Court. Appellants consist of a group of Ecuadorian provinces and individual farmers who alleged personal injury and...

 

HTMLFederal False Advertising Lawsuits Permitted to Proceed Notwithstanding Compliance with Government Rules and Regulations
Barry M. Benjamin, Theodore H. Davis; Kilpatrick Townsend Stockton LLP;
Legal Alert/Article
June 17, 2014, previously published on June 12, 2014
In a closely watched case involving allegations of false advertising by competitors, the U.S. Supreme Court handed a victory to POM Wonderful by accepting that company’s argument that mere compliance with governmental regulations does not preclude or preempt false advertising claims under the...

 

HTMLBrand Owners Beware: Important Changes in Canadian Trademark Law are on the Horizon
Joan K. Archer; Husch Blackwell LLP;
Legal Alert/Article
June 11, 2014, previously published on June 4, 2014
The Canadian Government recently introduced Bill C-31, the Economic Action Plan Act 2014, No.1. This omnibus bill includes changes to a wide variety of laws in Canada. The potential amendments to Canada’s Trade-marks Act will have a significant impact on brand owners, as well as intellectual...

 

HTMLKeeping the Farm in the Family: Gift Planning by Defined Valuation Clauses
George F. Bearup; Smith Haughey Rice & Roegge, P.C.;
Legal Alert/Article
June 6, 2014, previously published on May 27, 2014
We regularly counsel our clients on their desires to keep the farm in the family. Farms tend to embody a lot of family history and hard work that their owners want to pass on to their kids and grandchildren. Although there are numerous ways to pass it on, one of the ways often contemplated is by a...

 

HTMLUAVs or “Drones”.... Will They Change Agriculture?
Matthew R. Grant; Husch Blackwell LLP;
Legal Alert/Article
May 30, 2014, previously published on May 27, 2014
When most consumers hear the word “drone” they envision military or surveillance operations. But, Unmanned Aerial Vehicles (UAVs) appear to be a significant industry and offer a vast array of resources for differing applications. As recently blogged by our team counterparts in the...

 

HTMLFollowing Florida Office of Insurance Regulation Reminder on Deductible, Copayment Exemption, Rulemaking Begins on Florida's Crimes Compensation Act Claims Filing
Colodny Fass Talenfeld Karlinsky Abate Webb P.A.;
Legal Alert/Article
May 28, 2014, previously published on May 23, 2014
Rulemaking has commenced by the Florida Department of Legal Affairs to clarify definitions, documentation requirements, and amend benefits and procedures for claims filed pursuant to Florida's Crimes Compensation Act.

 

HTMLNOP Issues Final Guidance Concerning “Made with Organic” Claims
Riëtte van Laack; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
May 19, 2014, previously published on May 15, 2014
In 2011, the National Organic Program (“NOP”) of the USDA announced the availability of a draft guidance for “Made with Organic” claims. Of the four categories of organic claims (“100% organic,” “organic,” “made with organic,” “x%...

 

HTMLClarifying “Made With Organic”
Marnie A. Jensen; Husch Blackwell LLP;
Legal Alert/Article
May 19, 2014, previously published on May 12, 2014
“Organic” can mean many things, but above all it is a regulated labeling term. There are actually five labeling categories allowed under the USDA organic regulations (100% Organic, Organic, Made With Organic, Specific Organic Ingredients, and Livestock Feed). Many people find the...

 


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