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Kevin P. Ray; Greenberg Traurig, LLP;
February 16, 2015, previously published on November 4, 2014We typically believe that if we entrust our property to someone else to sell it, the property remains ours until it is sold. However, this may not always be true. If the party into whose hands property has been entrusted files for bankruptcy, the entrusted property may be deemed to be property of...
|GMOs - the Battle Continues between EU and US|
Leah A. Brndjar; Goldberg Segalla LLP;
February 10, 2015, previously published on January 20, 2015The European Union has decided that individual countries can make decisions regarding the use of GMOs within their own borders, separate and distinct from decisions made by the parliament on behalf of all 28 member countries. The agreement was drafted to allow governments to block the cultivation...
|New York Passes Craft Beverage Law Extending Privileges to Farm Craft and Micro Producers of Beer, Wine, Spirits and Cider|
February 6, 2015, previously published on November 13, 2014On November 13, 2014, New York Governor Andrew Cuomo signed the Craft Beverage Act amending certain provisions of the New York Alcohol Beverage Control Law regarding manufacturing licenses pertinent to craft and micro-producers. The new statute is intended to harmonize the various laws that have...
|FOOD COURT REPORT: Brazil v. Dole|
Douglas J. Behr, Arthur S. Garrett, Eric P. Gotting, Richard J. Leighton, Robert S. Niemann; Keller and Heckman LLP;
December 29, 2014, previously published on December 01, 2014The U.S. District Court for the Northern District of California recently decertified a potential class of purchasers of a product labeled as “all natural” based on a finding that the plaintiffs’ damages expert could not demonstrate class-wide damages based on the “all...
|A Taste of Things to Come? Whole Foods Feels Sting of “Non-GMO” Litigation|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
December 5, 2014, previously published on November 13, 2014As we’ve explored in past posts, mandatory GMO-labeling legislation has, at best, a spotty track record among state legislatures. Nevertheless, the GMO issue continues to draw the public’s attention, and it is becoming clear that the “Non-GMO” label now appeals to at least...
|ALJ Essex Grants Motion To Terminate Investigation As To LBP Respondents In Certain Beverage Brewing Capsules (337-TA-929)|
Eric W. Schweibenz; Oblon, Spivak, McClelland, Maier & Neustadt, L.L.P.;
November 27, 2014, previously published on November 21, 2014On November 19, 2014, ALJ Theodore R. Essex issued Order No. 10 in Certain Beverage Brewing Capsules, Components Thereof, and Products Containing the Same (Inv. No. 337-TA-929).
|What’s in Your Breakfast Sanwich? The Eighth Circuit Weighs in on Accidental Product Contamination Policies and Voluntary Product Recalls|
Michael S. Saltzman, Joel J. Terragnoli; Goldberg Segalla LLP;
November 26, 2014, previously published on November 26, 2014In Hot Stuff Foods, LLC v. Houston Casualty Co., 2014 U.S. App. LEXIS 21727 (8th Cir. Nov. 17, 2014), the Eighth Circuit Court of Appeals reversed and remanded a lower court decision holding that a food company’s voluntary recall was covered under an ‘accidental product...
|Get ready, Vietnam’s Restaurants Open To 100% Foreign Ownership!|
Manfred Otto; Duane Morris Vietnam LLC;
November 17, 2014, previously published on October 24, 2014Now is the time for international chains to position themselves. Beginning in January 2015, Vietnam’s restaurant business is open to 100 percent foreign ownership. Foreign-invested enterprises (“FIE”) may run their own production and internal logistics network free from...
|FDA and the Center for Food Safety Reach Settlement Regarding FDA’s GRAS Rule|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
November 5, 2014, previously published on October 30, 2014On October 20, 2014, FDA reached a settlement with the Center for Food Safety (“CFS”) in litigation pending in the U.S. District Court for the District of Columbia. This litigation is related to FDA’s rule for food additives that are “generally recognized as safe”...
|A New Recipe for Growth? Supporting O’Maine Media Kitchen’s Kick-Starter Campaign!|
James F. Keenan; Bernstein Shur;
November 5, 2014, previously published on October 24, 2014Maine’s food and beverage industry is on the rise with our world-renowned restaurants leading the charge. Still, local and regional food and beverage producers face a daunting challenge when trying to grow their brands to a national scale. Perhaps local, affordable access to fresh and...