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HTMLAll is Fair in Love and Food Mislabeling Claims
Jasmine McCormick; Baker Sterchi Cowden & Rice, L.L.C.;
Legal Alert/Article
August 6, 2014, previously published on August 4, 2014
In an 8-0 ruling, the United States Supreme Court held in POM Wonderful LLC v. Coca-Cola Co., 134 S. Ct. 2228 (2014) that competitors may bring Lanham Act claims challenging food and beverage labels, even though those labels are regulated by the Federal Food, Drug, and Cosmetic Act (FDCA). A...


HTMLDon’t Pour Your Profits Down Your Competitor’s Drain
Nicole J. Harrell; Kaufman & Canoles A Professional Corporation;
Legal Alert/Article
August 5, 2014
If you owned a brewery you would never sell your beer without first tasting it, so why would you name your brewery or beer without checking to see if someone else is already using a similar name? The naming of breweries and beer is becoming big business - for trademark litigation lawyers.


Adobe PDFProposed Amendments to Venture Issuer Disclosure Requirements
Jacques Du Plessis, Jonathan O'Connor; Goodmans LLP - Vancouver;
Legal Alert/Article
July 29, 2014, previously published on July 9, 2014
Earlier this year, the Canadian Securities Administrators (CSA) published for comment proposed amendments (the “Proposed Amendments”) to: (i) National Instrument 51-102 Continuous Disclosure Obligations (“NI 51-102”), (ii) National Instrument 41-101 General Prospectus...


HTMLFDA issues final rule and guidance on records access as required by the Food Safety Modernization Act
T.H. Lyda; Burns White LLC;
Legal Alert/Article
July 29, 2014, previously published by Burns White website
Today the Food and Drug Administration (FDA) announced the adoption of the interim final rule “Establishment, Maintenance, and Availability of Records: Amendment to Record Availability Requirements,” affirming the change to FDA’s record access as required by the Food Safety...


HTMLThe Return of the Slime Monster
Matthew S. Hendricks; Baker Sterchi Cowden & Rice, L.L.C.;
Legal Alert/Article
July 28, 2014, previously published on July 23, 2014
The news is quietly starting to find its way back into internet chat rooms and food web blogs regarding mechanically separated meat products (MSM) - more often referred to by their detractors as “pink slime”. MSM is made by a process in which parts of animal carcasses left over after...


HTMLSugar and Spice and Cases on Ice: Evaporated Cane Juice Case Stayed Until FDA Issues Formal Guidelines
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
July 23, 2014, previously published on July 14, 2014
Last week, a California federal judge revived a putative class action accusing Amy’s Kitchen Inc. of misleading customers by labeling sugar as “evaporated cane juice” on its products. In a finding that puts the case on hold until the FDA weighs in, Judge Illston found that a...


HTMLRead It Before You Sign It
Paul F. Wieneskie; Bailey & Galyen, Attorneys at Law;
Legal Alert/Article
July 22, 2014, previously published on June 25, 2014
Sounds pretty simple, right? Pretty basic. Yet it’s amazing how often this simple rule bites people when they disregard it. Even lawyers can be guilty.


HTMLPublic Meeting on Proposed Rules to Change Nutrition Facts Label and Serving Sizes
Melvin S. Drozen, Alissa D. Jijon, Leslie T. Krasny, Evangelia C. Pelonis, Laura Venker; Keller and Heckman LLP;
Legal Alert/Article
July 19, 2014, previously published on July 7, 2014
The Food and Drug Administration (FDA) held a public meeting on June 26, 2014 to discuss the proposed rules to revise the Nutrition Facts label and serving sizes. The meeting featured an overview of the proposed rules by FDA, a panel on stakeholder perspectives with representatives from trade...


HTMLHow to Market Alcohol Beverages Legally Using Social Media
Elizabeth A. DeConti; GrayRobinson, P.A.;
Legal Alert/Article
July 17, 2014, previously published on July 15, 2014
Restaurants and bars are marketing food and beverage items using social media more than ever before. Brands use social media sites such as Twitter to engage consumers and generate conversation, and companies make offers to consumers on Facebook and Foursquare to promote brand loyalty. These offers...


HTMLDueling FDA Regulations Do Not Preclude Private Parties from Bringing Lanham Act Suits, Thereby Permitting POM to Bring Action against Coca-Cola for Alleged Deceptive Drink Labeling
Morgan N. Gough; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
July 1, 2014, previously published on June 2014
SCOTUS reviewed its second Lanham Act challenge this Term in POM Wonderful LLC v. Coca-Cola Co. See Lexmark Int’l Inc. v. Static Control Components, Inc., 572 U.S. ---, 132 S. Ct. 1377 (2014) (articulating the standards for standing to bring false advertisement claims under the Lanham Act)....


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