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|President Obama Signs S. 764 into Law, Preempting the Vermont GE Labeling Law|
Melvin S. Drozen, Alissa D. Jijon, Leslie T. Krasny, Evangelia C. Pelonis; Keller and Heckman LLP;
August 10, 2016, previously published on August 1, 2016We have previously discussed the provisions of the National Bioengineered Food Disclosure Standard (S. 764) in a client alert titled "United States Senate Reaches Bipartisan Agreement to Establish First Mandatory, Nationwide Labeling Requirements for Bioengineered Foods.
|U.S. Congress Passes Legislation Establishing National GMO Food Labeling Standards|
Todd W. Hoppe; Foster, Swift, Collins & Smith, P.C.;
August 10, 2016, previously published on July 28, 2016On July 14, 2016, the U.S. House of Representatives passed, by a 306-117 bipartisan vote, legislation that directs the U.S. Department of Agriculture (USDA) to create a national standard for food labeling that permits food producers to determine the method of disclosing the presence of genetically...
|President Obama Signs GMO Labeling Bill into Law|
Charles F. Bass, Robert Y. Maples, Alan Slomowitz; Greenberg Traurig, LLP;
August 10, 2016, previously published on August 2, 2016On July 29, 2016, President Obama signed into law legislation that creates a nationwide mandatory labeling regime for genetically modified organisms (GMO) in foods. The law directs the Agriculture Department (USDA) to establish, within two years, a national process to identify GMO food products or...
|'Artificial Flavors' and 'Chemical Preservatives' - 'Natural' Litigation By Another Name?|
Douglas J. Behr, Arthur S. Garrett, Eric P. Gotting, Robert S. Niemann, Manesh K. Rath; Keller and Heckman LLP;
August 3, 2016, previously published on May 27, 2016Over the last several years, the food industry has become well acquainted with the litigation risks attendant to "natural" marketing claims. However, as the "natural" litigation landscape settles, plaintiffs' attorneys may be re-adjusting their sights on "no artificial . ....
|The Last Set of Major FSMA Regulations Are Done!|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
July 15, 2016, previously published on June 17, 2016The last of FDA’s seven “foundational” rules mandated under the Food Safety Modernization Act of 2011 (FSMA) was published at the end of last month, just a few days before the May 31, 2016 deadline agreed to by the Agency when it settled a lawsuit related to its implementation of...
|Right To Be Smoke Free Coalition and E-Vapor Industry Trade Associations File Lawsuit Challenging FDA's Deeming Regulation and the Tobacco Control Act|
Azim Chowdhury, Eric P. Gotting; Keller and Heckman LLP;
June 30, 2016, previously published on June 21, 2016On behalf of the Right To Be Smoke Free Coalition and the entire e-vapor industry, yesterday Keller and Heckman LLP filed a Complaint in the U.S. District Court for the District of Columbia challenging portions of FDA's Deeming Regulation and the Tobacco Control Act on various constitutional and...
|Just as the Comment Period for “Natural” Ends, FDA Announces Intent to Re-Examine What It Means to Be a “Healthy” Food|
Joanne S. Hawana; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
June 17, 2016, previously published on May 12, 2016As any company making and selling food products knows, late last year FDA requested information and comments regarding the appropriate use of the term “natural” for food ¿ the Agency asked what types of processing make that claim misleading, or does the food have to be completely...
|California Plaintiffs Say that Size Matters: Consumer Fraud Class Action Challenges Slack-Fill in Protein Products|
Samantha Duplantis; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
June 17, 2016, previously published on May 27, 2016Slack Fill Protein PowderAccording to named plaintiffs in a consumer fraud action filed in December in the Southern District of California, size matters when making it comes to making a purchase. In fact, Plaintiffs claim that the average consumer’s purchasing decision is “heavily...
|FDA Finally Decides that “Evaporated Cane Juice” Is Misleading Consumers|
Richard Maidman; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
June 17, 2016, previously published on June 2, 2016Evaporated cane juice, a term usually used to inform about sweeteners derived from the fluid extract of sugar cane, is present on the ingredient lists of many products we see on grocery store shelves. However, newly finalized FDA guidance on use of the term “evaporated cane juice”...
|USDA Increases Cane Sugar Imports to Meet Demand for Non-GE Products|
Dominique Lee Windberg; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
June 17, 2016, previously published on May 23, 2016On May 17, 2016, the U.S. Department of Agriculture (“USDA”) announced that it is allowing an additional 200,000 short tons of cane sugar imports to meet food manufacturers’ increasing demand for non-genetically modified sugar products. In its news release, the agency explained...