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|FDA’s Proposed Changes to Revamp Nutrition Labels|
Megan R. Galey; Husch Blackwell LLP;
April 24, 2014, previously published on April 14, 2014With 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...
|Dram Shop/Liquor Liability in Pennsylvania|
Carol Ann Murphy; Margolis Edelstein;
April 22, 2014The Pennsylvania Liquor Code, Section 4-493(1) provides the basis for imposing liability for negligent service of alcohol by liquor licensees.
|New Hurdles for California Business with Proposed Prop 65 Changes|
Steven L. Hoch; Morris Polich & Purdy LLP;
April 16, 2014, previously published on April 1, 2014Doing 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...
|Setting the Record Straight on GRAS: Part 1|
Ricardo Carvajal, Diane B. McColl; Hyman, Phelps & McNamara, P.C.;
April 16, 2014, previously published on April 14, 2014When GAO issued its 2010 report criticizing FDA’s oversight of the GRAS exception, we were motivated to respond first in short form in a blog post, and then in long form through a Washington Legal Foundation Legal Backgrounder. In the years since, attacks on the GRAS exception have grown...
|GMO 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;
April 14, 2014, previously published on April 11, 2014Legislative 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.
|D.C. Circuit to Hear COOL Case En Banc|
Riëtte van Laack; Hyman, Phelps & McNamara, P.C.;
April 11, 2014, previously published on April 8, 2014Does 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...
|Evaporated Cane Juice Case Evaporates (For Now)|
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
April 4, 2014, previously published on March 30, 2014A 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...
|Packaging Design and Innovation Could Ease Costs of Food Waste|
Christopher W. Hamlin; Husch Blackwell LLP;
April 2, 2014, previously published on March 28, 2014According 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...
|Raising A Glass To Community Entertainment Districts|
Mark Hervey; Dressman Benzinger LaVelle psc;
March 21, 2014, previously published on Spring 2014Like 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...
|The Food Safety Modernization Act -- where do we stand 20 months after its enactment?|
T.H. Lyda, Edwin B. Palmer; Burns White LLC;
March 18, 2014The 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...