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|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...
|Do Product Labels Matter? Maybe|
Helene M. Freeman; Phillips Nizer LLP;
June 5, 2014, previously published on May 21, 2014Why is a can for Minute Maid juice like a coat? The answer: Because federal statutes and government regulations prescribe how each is labeled. In the case of juice, the label is prescribed by the U.S. Food and Drug Administration (FDA) regulations promulgated under the Nutritional Labeling and...
|ESDC Announces Moratorium on LMO Applications Related to the Food Services Sector|
Henry J. Chang; Blaney McMurtry LLP;
June 4, 2014, previously published on May 14, 2014On April 24, 2014, Canada’s Minister of Employment and Social Development (Jason Kenney) announced an immediate moratorium on the Food Services Sector’s access to the Temporary Foreign Worker Program (“TFWP”). As a result, Employment and Social Development Canada...
|Health Canada's Modernization Makeover: An Update on the New Food Safety Regulations|
Sara Zborovski; Davis LLP;
June 4, 2014, previously published on May 29, 2014On May 27, 2014, the Canadian Food Inspection Agency (“CFIA”) released an Overview of the proposed regulations under the Safe Food for Canadians Act (the “SFCA”). This is the latest deliverable in Health Canada’s modernization makeover, and sets the stage for ongoing...
|Will Feds Step Onto the GMO Playing Field?|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
May 14, 2014, previously published on May 9, 2014In January and April, this space took a look at the growing patchwork of state proposals for regulating the labeling of foods with genetically modified ingredients (GMOs). As posited here in April, the recent surge in such bills raises a serious question as to whether any individual...
|Food Labeling at SCOTUS: Can FDA Compliant Labels Still be Deceptive?|
Gene Summerlin; Husch Blackwell LLP;
April 30, 2014, previously published on April 26, 2014 On April 21, 2014, the Supreme Court of the United States heard oral arguments in POM Wonderful LLC v. The Coca-Cola Company. This is perhaps the most interesting food labeling case to come along in, well . . . forever. What is at issue here? The central question is whether a food product label...
|Notable Provisions of H.B. 112|
Melvin S. Drozen, Leslie T. Krasny, Eric S.C. Lindstrom, Richard F. Mann, Frederick A. Stearns; Keller and Heckman LLP;
April 30, 2014, previously published on April 25, 2014Section 3403 sets forth the GMO labeling requirements in Vermont. Foods that are produced entirely or partially with genetic engineering must be labeled as follows:
|FDA Finalizes Rule Prohibiting Certain Nutrient Content Claims for Omega-3 Fatty Acids|
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
April 30, 2014, previously published on April 28, 2014FDA issued a final rule that prohibits nutrient content claims for the omega-3 fatty acids DHA and EPA, as well as certain nutrient content claims for ALA. The final rule carries through on the proposed rule issued in November 2007 with no substantive changes.
|Supreme Court Justices Seemingly Dubious Over Coca-Cola’s Assertion That FDA Label Regulations Preempt False Advertising Claims|
Christopher M. Bikus; Husch Blackwell LLP;
April 30, 2014, previously published on April 25, 2014In arguments before the Supreme Court earlier this week, Coca-Cola asserted that its label for Minute Maid “Pomegranate Blueberry” juice, which contained a “flavored blend of 5 juices” complies with FDA rules and therefore, Coca-Cola could not be sued by a competitor for...
|FDA’s Proposed Changes to Revamp Nutrition Labels|
Megan R. Galey; Husch Blackwell LLP;
April 24, 2014, previously published on April 14, 2014With the exception of adding trans fatty acids, the Nutrition Facts Label has not undergone any significant changes since Congress first approved it under the 1990 Nutrition Labeling and Education Act until now. In March 2014, the U.S. Food & Drug Administration (the “FDA”) unveiled...