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Adobe PDFNew Hurdles for California Business with Proposed Prop 65 Changes
Steven L. Hoch; Morris Polich & Purdy LLP;
Legal Alert/Article
April 16, 2014, previously published on April 1, 2014
Doing business in California is difficult for many reasons. Instead of trying to keep business in California, the state is suggesting further burdens to business es with no apparent real benefit to its citizenry. California is considering requiring business es to change warnings and make reports...


HTMLGMO Labeling Legislation Update: Industry Friendly Bill Introduced in Congress as State Legislatures Consider Bills Mandating GMO Labeling
Melvin S. Drozen, Leslie T. Krasny, Eric S.C. Lindstrom, Richard F. Mann, Evangelia C. Pelonis; Keller and Heckman LLP;
Legal Alert/Article
April 14, 2014, previously published on April 11, 2014
Legislative activity surrounding the labeling of food produced from or containing Genetically Modified Organisms (GMOs) continues to escalate as lawmakers on Capitol Hill and in state legislatures consider a variety of proposals.


HTMLD.C. Circuit to Hear COOL Case En Banc
Riëtte van Laack; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
April 11, 2014, previously published on April 8, 2014
Does the same standard that applies when regulators require label statements that “correct a deception,” such as false advertising, also apply when they require label statements for other purposes based on the interests of the government? This issue will be before the United States...


HTMLEvaporated Cane Juice Case Evaporates (For Now)
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
April 4, 2014, previously published on March 30, 2014
A putative class action targeting certain food products that declare “evaporated cane juice” (ECJ) as an ingredient was recently stayed based on the doctrine of primary jurisdiction. As noted by the Court, prior decisions have gone both ways on the question of whether deferral under the...


HTMLPackaging Design and Innovation Could Ease Costs of Food Waste
Christopher W. Hamlin; Husch Blackwell LLP;
Legal Alert/Article
April 2, 2014, previously published on March 28, 2014
According to a recent UN report, one-third (1.3 billion tons) of the world’s food is wasted each year. The report, entitled Food Wastage Footprint: Impacts on Natural Resources, analyzes the environmental impacts of global food wastage, but also highlights the significant economic impact to...


HTMLRaising A Glass To Community Entertainment Districts
Mark Hervey; Dressman Benzinger LaVelle psc;
Legal Alert/Article
March 21, 2014, previously published on Spring 2014
Like most states, Ohio and Kentucky place quota restrictions on the type and number of liquor licenses that may be issues in a certain geographical area. These quotas serve a rational purpose: they limit the number of premises in a locale that can sell intoxicating spirits. This also prevents an...


HTMLThe Food Safety Modernization Act -- where do we stand 20 months after its enactment?
T.H. Lyda, Edwin B. Palmer; Burns White LLC;
Legal Alert/Article
March 18, 2014
The Food Safety Modernization Act (FSMA), which was signed into law by President Obama on January 4, 2011, is the most significant expansion of food safety requirements and the Food and Drug Administration’s (FDA) food safety authority in over 70 years. The focus of the FSMA is on preventing...


HTMLCourt Rules that FTC’s Substantiation Requirements Are Applicable to Claims for Medical Foods
Riëtte van Laack; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
March 17, 2014, previously published on March 12, 2014
Defendants Wellness Support Network, and co-owners Robert and Robyn Held, marketed two diabetes products - Diabetic Pack and Insulin Resistance - as medical foods. In 2005 and 2006, FDA issued two Warning letters to them, claiming the products were marketed as unapproved drugs. In 2007, the FTC...


HTMLAmicus Filings in POM Wonderful’s Lanham Act Case Reflect Myriad of Views on Proper Interaction Between the FDC Act and Lanham Act
James P. Ellison; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
March 12, 2014, previously published on March 10, 2014
We previously posted about the Supreme Court case that will be argued next month in which the parties are debating the proper interplay between the Federal Food, Drug, and Cosmetic Act (“FDC Act”) and the Lanham Act. Briefly, the issue in the case is whether POM’s Lanham Act...


HTMLIs That “Hummus” Really Hummus?
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
March 12, 2014, previously published on March 11, 2014
Sabra Dipping Co., LLC ("Sabra") submitted a citizen petition (Dokcket No. FDA-2014-P-0259) asking FDA to establish a standard of identity ("SOI") for hummus. The proposed SOI would define hummus as “the semisolid food prepared from mixing cooked, dehydrated, or dried...


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