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HTMLAre GMOs “Natural”? FDA Won’t Say
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
January 13, 2014, previously published on January 8, 2014
As we noted in a prior posting, several courts have stayed or dismissed class actions based on the doctrine of primary jurisdiction in cases that raise the question of whether a GMO-containing food can properly be labeled as “natural.” In response to referrals from those courts, FDA...


HTMLSixth Circuit Spoils Milk Processor’s Win by Reinstating Class Action Alleging Conspiracy to Restrict Milk Supply
Farrah Short, Bruce D. Sokler; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
January 10, 2014, previously published on January 8, 2014
The Sixth Circuit recently revived an antitrust class action alleging a conspiracy between a processed milk bottler, a raw milk supplier and a raw milk processor to restrict milk supply in violation of Section 1 of the Sherman Act. Food Lion, LLC v. Dean Foods Co., No. 12-5457 (6th Cir. Jan. 3,...


HTMLFSMA and Intentional Adulteration: FDA Issues Proposed Rule and Signals Approach to Economically Motivated Adulteration
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
January 8, 2014, previously published on January 7, 2014
In the latest major rulemaking initiative under the Food Safety Modernization Act ("FSMA"), FDA issued a proposed rule to implement provisions of FSMA that address intentional adulteration. Further below we summarize major provisions of the proposed rule. However, we note at the outset...


HTMLCalifornia Court of Appeal Rules that State Law Claims for Alleged Misuse of the Term 'Organic' on Food Products Are Preempted by Federal Law
Angela Diesch, Mark D. Kemple; Greenberg Traurig, LLP;
Legal Alert/Article
January 7, 2014, previously published on December 31, 2013
In a case of first impression, and with enormous national implications for the food industry, on December 23, 2013, the California Court of Appeal, Second Appellate District, ruled that state law consumer actions challenging certified organic growers’ labeling of food products as...


HTMLA Brief History and Overview of Country of Origin Labeling Requirements
Melvin S. Drozen, Alissa D. Jijon; Keller and Heckman LLP;
Legal Alert/Article
January 6, 2014, previously published on January 2, 2014
Country of Origin Labeling (COOL) laws and regulations require retailers to notify their customers of the country of origin of covered commodities, which include beef, veal, lamb, chicken, fish and shellfish, goat, pork, perishable agricultural commodities, macadamia nuts, pecans, ginseng, and...


HTMLA "Shift in Perspective": FDA Proposes Food Defense Rule to Protect against Terrorism; Burdens Food and Dietary Supplement Industries
John G. Moore; Venable LLP;
Legal Alert/Article
January 6, 2014, previously published on January 2014
On December 24, 2013, the U.S. Food and Drug Administration (FDA) published in the Federal Register proposed new rules that are intended to protect the food supply from intentional "adulteration" (i.e., contamination) intended to cause large-scale harm to public health. Although well...


HTMLWill the Supreme Court Weigh in on the Interplay Between the Lanham Act and the FDC Act? The SG’s Office Says it Should Not, But the Justices Will Decide in January of 2014, So Stay Tuned
James P. Ellison; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
December 30, 2013, previously published on December 26, 2013
In early 2014, the Supreme Court will meet in conference to decide whether to hear a case concerning whether, and to what extent, a private party can pursue a Lanham Act claim based on labeling regulated under the FDC Act.


HTMLDoes Soymilk Come From Cows? “Even the Least Discerning of Consumers” Should Know Better
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
December 27, 2013, previously published on December 23, 2013
A California district court granted Defendants’ motion to dismiss in a putative class action brought by Plaintiffs who alleged that certain plant-based beverages, including soymilk, almond milk, and coconut milk, were misbranded because FDA defines “milk” as being derived from...


HTMLBeware of What You Wish for, You Might Get It
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
December 16, 2013, previously published on December 10, 2013
As this blog has reported on numerous occasions, plaintiffs have brought claims challenging labeling of food products for mislabeling. The labels challenged include the use of the term “natural”, “0g trans fat” and the infamous claim of misbranding relating to “crunch...


HTMLFDA Condones Use of Arsenic in Chicken Meat
Brayton Purcell LLP;
Legal Alert/Article
December 13, 2013, previously published on December 5, 2013
Chicken and pork, the healthier white meat alternatives to a burger, right? Wrong. The FDA research recently released shows arsenic in conventional chicken meat. This is not a new phenomenon, the FDA has been aware of this for sixty years.


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