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HTMLWill 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.;
Legal Alert/Article
December 30, 2013, previously published on December 26, 2013
In 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.

 

HTMLDoes Soymilk Come From Cows? “Even the Least Discerning of Consumers” Should Know Better
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
December 27, 2013, previously published on December 23, 2013
A 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...

 

HTMLBeware of What You Wish for, You Might Get It
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
December 16, 2013, previously published on December 10, 2013
As 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...

 

HTMLMany 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.;
Legal Alert/Article
December 13, 2013, previously published on December 12, 2013
In 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 -...

 

HTMLSupreme Court of Canada Upholds Union’s Right to Freedom of Expression
Albert Nolette; Field Law;
Legal Alert/Article
December 13, 2013, previously published on December 5, 2013
As 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”)...

 

HTMLToyota Reaches Settlement After Unintended Accelaration Crash
James P. Nevin; Brayton Purcell, LLP;
Legal Alert/Article
December 13, 2013, previously published on December 6, 2013
Toyota recently reached a settlement with the victims of a deadly 2007 car crash, after a $3-million jury verdict.

 

HTMLFDA Condones Use of Arsenic in Chicken Meat
Brayton Purcell LLP;
Legal Alert/Article
December 13, 2013, previously published on December 5, 2013
Chicken 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.

 

HTMLNew Licensing Requirements for Food Importers under the Proposed Imported Food Sector Product Regulations
Brenda C. Swick; McCarthy Tétrault LLP;
Legal Alert/Article
December 9, 2013, previously published on December 3, 2013
Pursuant 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.

 

HTMLThe FDA Wants To Prohibit Artificial Trans Fats
Simon Lemay; Lavery, de Billy, L.L.P.;
Legal Alert/Article
December 4, 2013, previously published on November 2013
On 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.

 

HTMLRed Bull Energy Drink's Wrongful Death Lawsuit
James P. Nevin; Brayton Purcell, LLP;
Legal Alert/Article
December 3, 2013, previously published on November 29, 2013
The 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...

 


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