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|More Time to Comment on Expansive EPA Clean Water Proposed Rules: Deadline Extended|
Liza C. Moore; Foster, Swift, Collins & Smith, P.C.;
July 25, 2014, previously published on July 18, 2014In April 2014, the Environmental Protection Agency published a proposed rule defining the “waters of the United States,” meaning the waters regulated by the government through the Clean Water Act (CWA). As has been widely reported in the farm media, many people have serious concerns...
|USDA Orders Reporting of Porcine Epidemic Diarrhea Virus|
Todd W. Hoppe, Liza C. Moore; Foster, Swift, Collins & Smith, P.C.;
July 25, 2014, previously published on July 18, 2014Over 7 million pigs have died from the Porcine Epidemic Diarrhea Virus (PEDv) since May 2013. The infected pigs come from farms of all sizes in 30 states and four Canadian Provinces. While the virus doesn’t affect humans or the safety of pork products, it is a matter of great concern to pork...
|Job Training Reform Bill Clears Congress; President’s Approval Expected This Week|
Charles D. "Chip" Nottingham; Husch Blackwell LLP;
July 22, 2014, previously published on July 16, 2014 Employers in sectors such as manufacturing, energy and agriculture faced with significant shortages of skilled labor, received a major boost from Congress last week. The long-awaited job training program reform bill “Workforce Innovation and Opportunity Act” received bipartisan...
|Clean Air Act Does Not Require EPA to Regulate Emissions From Animal Feeding Operations|
Julian Harrell; Taft Stettinius & Hollister LLP;
July 19, 2014, previously published on July 17, 2014Animal feeding operations (“AFOs”), which include confined animal feeding operations (“CAFOs”), emit a host of chemicals into the air, including ammonia, hydrogen sulfide, particulate matter and volatile organic compounds (“AFO emissions”). Air emissions studies...
|USDA to Fund Electric System Improvements in Rural Areas|
Sutherland Asbill Brennan LLP;
July 18, 2014, previously published on July 16, 2014The United States Department of Agriculture (USDA) announced that it will invest more than $250 million in loan proceeds to help improve the reliability of electric systems in rural areas in eight states. A portion of the funds will be used to modernize the systems with smart grid improvements.
|New FDA Current Good Manufacturing Processes Rule Expected for Animal Food Manufacturers|
Diane J. Romza-Kutz, Fredric E. Roth; Husch Blackwell LLP;
July 9, 2014, previously published on July 3, 2014As 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...
|The 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;
June 26, 2014, previously published on June 17, 2014Last 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...
|United 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;
June 25, 2014, previously published on June 2014In 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...
|Federal False Advertising Lawsuits Permitted to Proceed Notwithstanding Compliance with Government Rules and Regulations|
Barry M. Benjamin, Theodore H. Davis; Kilpatrick Townsend Stockton LLP;
June 17, 2014, previously published on June 12, 2014In 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...
|Brand Owners Beware: Important Changes in Canadian Trademark Law are on the Horizon|
Joan K. Archer; Husch Blackwell LLP;
June 11, 2014, previously published on June 4, 2014The 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...