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|The Return of the Slime Monster|
Matthew S. Hendricks; Baker Sterchi Cowden & Rice, L.L.C.;
July 28, 2014, previously published on July 23, 2014The news is quietly starting to find its way back into internet chat rooms and food web blogs regarding mechanically separated meat products (MSM) - more often referred to by their detractors as “pink slime”. MSM is made by a process in which parts of animal carcasses left over after...
|Sugar and Spice and Cases on Ice: Evaporated Cane Juice Case Stayed Until FDA Issues Formal Guidelines|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
July 23, 2014, previously published on July 14, 2014Last week, a California federal judge revived a putative class action accusing Amy’s Kitchen Inc. of misleading customers by labeling sugar as “evaporated cane juice” on its products. In a finding that puts the case on hold until the FDA weighs in, Judge Illston found that a...
|Read It Before You Sign It|
Paul F. Wieneskie; Bailey & Galyen, Attorneys at Law;
July 22, 2014, previously published on June 25, 2014Sounds pretty simple, right? Pretty basic. Yet it’s amazing how often this simple rule bites people when they disregard it. Even lawyers can be guilty.
|Public Meeting on Proposed Rules to Change Nutrition Facts Label and Serving Sizes|
Melvin S. Drozen, Alissa D. Jijon, Leslie T. Krasny, Evangelia C. Pelonis, Laura Venker; Keller and Heckman LLP;
July 19, 2014, previously published on July 7, 2014The Food and Drug Administration (FDA) held a public meeting on June 26, 2014 to discuss the proposed rules to revise the Nutrition Facts label and serving sizes. The meeting featured an overview of the proposed rules by FDA, a panel on stakeholder perspectives with representatives from trade...
|How to Market Alcohol Beverages Legally Using Social Media|
Elizabeth A. DeConti; GrayRobinson, P.A.;
July 17, 2014, previously published on July 15, 2014Restaurants and bars are marketing food and beverage items using social media more than ever before. Brands use social media sites such as Twitter to engage consumers and generate conversation, and companies make offers to consumers on Facebook and Foursquare to promote brand loyalty. These offers...
|Dueling FDA Regulations Do Not Preclude Private Parties from Bringing Lanham Act Suits, Thereby Permitting POM to Bring Action against Coca-Cola for Alleged Deceptive Drink Labeling|
Morgan N. Gough; Semmes Bowen Semmes A Professional Corporation;
July 1, 2014, previously published on June 2014SCOTUS reviewed its second Lanham Act challenge this Term in POM Wonderful LLC v. Coca-Cola Co. See Lexmark Int’l Inc. v. Static Control Components, Inc., 572 U.S. ---, 132 S. Ct. 1377 (2014) (articulating the standards for standing to bring false advertisement claims under the Lanham Act)....
|FDA Releases Long-Awaited Guidances on Character Limitations and Misinformation on Internet/Social Media|
Loeb Loeb LLP;
July 1, 2014, previously published on June 2014In two separate guidances, the Food and Drug Administration (FDA) advises prescription drug and device manufacturers on its "current thinking" on advertising through space-constrained social media (e.g., Twitter) and on the monitoring of third-party online posts. Although the guidances,...
|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...
|California Supreme Court to Decide Whether Organic Regulations Preempt State Consumer Labeling Claims|
Gene Summerlin; Husch Blackwell LLP;
June 26, 2014, previously published on June 10, 2014In Quesada v. Herb Thyme Farms, Inc., the California Court of Appeals held that state law labeling and deceptive trade practices claims arising from alleged mislabeling of organic products were preempted by the National Organic Program. The plaintiff sought review by the California Supreme Court...
|Supreme Court: Lanham Act Suit Not Preempted By FDA Regulation|
Keller Heckman LLP;
June 20, 2014, previously published on June 12, 2014The U.S. Supreme Court today ruled unanimously that competitors may file an action under the Lanham Act to challenge the name, label, marketing and advertising of beverages and other food regulated by the U.S. Food and Drug Administration under the Federal Food Drug and Cosmetic Act.* Neither the...