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|AMI Appeals District Court’s Denial of Preliminary Injunction against COOL Regulations|
Riëtte van Laack; Hyman, Phelps & McNamara, P.C.;
October 16, 2013, previously published on October 16, 2013As previously reported, the American Meat Institute (“AMI”) and several international meat industry organizations filed a lawsuit in an effort to stop the Agricultural Marketing Service ("AMS") of the USDA from implementing the Country of Origin Labeling ("COOL")...
|You Want Fries With That? New North Carolina Law Restricts Obesity Related Tort Claims|
Christian H. Staples; Shumaker, Loop & Kendrick, LLP;
October 15, 2013, previously published on October 9, 2013North Carolina House Bill 683, known as the Commonsense Consumption Act (“Act”), became effective on October 1, 2013. The Act contains two main provisions. First, it provides that no city or county ordinance may prohibit the sale of soft drinks above a certain size. For this reason, the...
|Move Over, Cricket! Lickets: Edible Insects are On the March|
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
October 15, 2013, previously published on October 13, 2013People have been eating insects for thousands of years, and the practice certainly has its devotees in the U.S. Notwithstanding that history of consumption, industrial production of insects for food use has remained a rarity. Now there are signs of a push to bring insect production and consumption...
|FDA Releases Guidance on Mobile Medical Applications|
Sharon A. Blinkoff, Lawrence R. Freedman, Leslie J. Levinson, Ari Z. Moskowitz; Edwards Wildman Palmer LLP;
October 8, 2013, previously published on October 2013On September 25, 2013, the U.S. Food and Drug Administration (“FDA”) released final guidance on how it intends to regulate mobile applications (“apps”). The guidance consists of a set of nonbinding recommendations that define what mobile apps meet the definition of a medical...
|Closing Time: How the Government Shutdown Affects Global Trade|
October 7, 2013, previously published on October 2013With no Cinderella story last night, as of October 1, 2013 at 12:01 AM, the Federal Government is officially shut down. As a result, all “non-essential” federal workers will be furloughed and federal agencies cannot continue their routine operations. However, not all agency operations...
|$5 Million Later, Truvia® is Still “Natural”|
Ricardo Carvajal, Riëtte van Laack; Hyman, Phelps & McNamara, P.C.;
October 4, 2013, previously published on October 3, 2013On September 19, 2013, Cargill entered into a $5 million settlement agreement to dispose of a class action lawsuit regarding its advertising for Truvia® products as “natural.” Plaintiffs charged that the products are not natural because they contain ingredients that are...
|The Regulation of Food Packaging in the Pacific Rim|
Mitzi Ng Clark, Catherine R. Nielsen; Keller and Heckman LLP;
October 4, 2013, previously published on September 2013As markets continue to emerge in the Pacific Rim, an increasing number of companies that produce food packaging materials are pursuing global expansion in this untapped arena. To best maximize their opportunities, companies must adapt to a myriad of regulatory systems to ensure compliance of their...
|An Old Fashioned Park Criminal Prosecution With Some Twists|
John R. Fleder; Hyman, Phelps & McNamara, P.C.;
October 4, 2013, previously published on October 2, 2013On September 26, 2013, the United States Attorney for the District of Colorado announced that he had filed a six count criminal Information against Eric and Ryan Jensen. The government alleges that the defendants violated the FDC Act by introducing adulterated cantaloupes into interstate commerce....
|As Partial Government Shutdown Kicks In, FDA’s Foods Program Is Hardest Hit|
Ricardo Carvajal, Kurt R. Karst; Hyman, Phelps & McNamara, P.C.;
October 3, 2013, previously published on October 1, 2013According to contingency plans drawn up by the Department of Health and Human Services, 45% of FDA’s nearly 15,000 staff were to be furloughed in the absence of enacted annual appropriations - popularly referred to as a government shutdown. Now that the shutdown has materialized, the effects...
|Food “Front-of-Package Labeling” Bill Announced|
Daniel J. Herling; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
September 25, 2013, previously published on September 20, 2013Proposed legislation has been introduced by 3 members of the House, including Rep. Frank Pallone (D-NJ), senior Democrat on the House Energy & Commerce Health Subcommittee, which would direct the Secretary of Health & Human Services (HHS) to create a single, standard front-of-package...