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|Will the Supreme Court Weigh in on the Interplay Between the Lanham Act and the FDC Act? The SG’s Office Says it Should Not, But the Justices Will Decide in January of 2014, So Stay Tuned|
James P. Ellison; Hyman, Phelps & McNamara, P.C.;
December 30, 2013, previously published on December 26, 2013In early 2014, the Supreme Court will meet in conference to decide whether to hear a case concerning whether, and to what extent, a private party can pursue a Lanham Act claim based on labeling regulated under the FDC Act.
|Does Soymilk Come From Cows? “Even the Least Discerning of Consumers” Should Know Better|
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
December 27, 2013, previously published on December 23, 2013A California district court granted Defendants’ motion to dismiss in a putative class action brought by Plaintiffs who alleged that certain plant-based beverages, including soymilk, almond milk, and coconut milk, were misbranded because FDA defines “milk” as being derived from...
|Beware of What You Wish for, You Might Get It|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
December 16, 2013, previously published on December 10, 2013As this blog has reported on numerous occasions, plaintiffs have brought claims challenging labeling of food products for mislabeling. The labels challenged include the use of the term “natural”, “0g trans fat” and the infamous claim of misbranding relating to “crunch...
|Many in Congress are Concerned about FDA’s Draft Rules Regarding Produce and Preventive Controls; Some Call for a Second Draft|
Riëtte van Laack; Hyman, Phelps & McNamara, P.C.;
December 13, 2013, previously published on December 12, 2013In addition to the many (more than 20,000) comments to FDA on the draft rules regarding Produce and Preventive Controls implementing the Food Safety Modernization Act (“FSMA”) (Docket Nos. FDA-2011-N-0920 and FDA-2011-N-0921), FDA has received a flurry of letters from Congress -...
|Supreme Court of Canada Upholds Union’s Right to Freedom of Expression|
Albert Nolette; Field Law;
December 13, 2013, previously published on December 5, 2013As noted in our latest Privacy Press update, recently the Supreme Court of Canada in Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC 62, determined that Alberta’s Personal Information Protection Act (the “PIPA”)...
|Toyota Reaches Settlement After Unintended Accelaration Crash|
James P. Nevin; Brayton Purcell, LLP;
December 13, 2013, previously published on December 6, 2013Toyota recently reached a settlement with the victims of a deadly 2007 car crash, after a $3-million jury verdict.
|FDA Condones Use of Arsenic in Chicken Meat|
Brayton Purcell LLP;
December 13, 2013, previously published on December 5, 2013Chicken and pork, the healthier white meat alternatives to a burger, right? Wrong. The FDA research recently released shows arsenic in conventional chicken meat. This is not a new phenomenon, the FDA has been aware of this for sixty years.
|New Licensing Requirements for Food Importers under the Proposed Imported Food Sector Product Regulations|
Brenda C. Swick; McCarthy Tétrault LLP;
December 9, 2013, previously published on December 3, 2013Pursuant to the Safe Food for Canadians Act, the Canadian Food Inspection Agency (CFIA) is proposing new regulations to improve the oversight of imported food products in the non-federally registered sector.
|The FDA Wants To Prohibit Artificial Trans Fats|
Simon Lemay; Lavery, de Billy, L.L.P.;
December 4, 2013, previously published on November 2013On Thursday, November 7, 2013, the United States Food and Drug Administration (FDA) announced measures to definitively eliminate all the artificial trans fats from processed products in the United States.
|Red Bull Energy Drink's Wrongful Death Lawsuit|
James P. Nevin; Brayton Purcell, LLP;
December 3, 2013, previously published on November 29, 2013The beverage giant Red Bull is facing its first wrongful death lawsuit, with the family of the deceased seeking $85 million in damages. Brooklyn father Cory Terry, 33, died during a basketball game after downing the caffeine-laden beverage - his relatives are blaming the world's largest energy...