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HTMLFederal False Advertising Lawsuits Permitted to Proceed Notwithstanding Compliance with Government Rules and Regulations
Barry M. Benjamin, Theodore H. Davis; Kilpatrick Townsend Stockton LLP;
Legal Alert/Article
June 17, 2014, previously published on June 12, 2014
In 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...


HTMLDo Product Labels Matter? Maybe
Helene M. Freeman; Phillips Nizer LLP;
Legal Alert/Article
June 5, 2014, previously published on May 21, 2014
Why 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...


Adobe PDFESDC Announces Moratorium on LMO Applications Related to the Food Services Sector
Henry J. Chang; Blaney McMurtry LLP;
Legal Alert/Article
June 4, 2014, previously published on May 14, 2014
On 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...


HTMLHealth Canada's Modernization Makeover: An Update on the New Food Safety Regulations
Sara Zborovski; Davis LLP;
Legal Alert/Article
June 4, 2014, previously published on May 29, 2014
On 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...


HTMLWill Feds Step Onto the GMO Playing Field?
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
May 14, 2014, previously published on May 9, 2014
In 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...


HTMLFood Labeling at SCOTUS: Can FDA Compliant Labels Still be Deceptive?
Gene Summerlin; Husch Blackwell LLP;
Legal Alert/Article
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...


HTMLNotable 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;
Legal Alert/Article
April 30, 2014, previously published on April 25, 2014
Section 3403 sets forth the GMO labeling requirements in Vermont. Foods that are produced entirely or partially with genetic engineering must be labeled as follows:


HTMLFDA Finalizes Rule Prohibiting Certain Nutrient Content Claims for Omega-3 Fatty Acids
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
April 30, 2014, previously published on April 28, 2014
FDA 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.


HTMLSupreme Court Justices Seemingly Dubious Over Coca-Cola’s Assertion That FDA Label Regulations Preempt False Advertising Claims
Christopher M. Bikus; Husch Blackwell LLP;
Legal Alert/Article
April 30, 2014, previously published on April 25, 2014
In 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...


HTMLFDA’s Proposed Changes to Revamp Nutrition Labels
Megan R. Galey; Husch Blackwell LLP;
Legal Alert/Article
April 24, 2014, previously published on April 14, 2014
With 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...


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