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|All is Fair in Love and Food Mislabeling Claims|
Jasmine McCormick; Baker Sterchi Cowden & Rice, L.L.C.;
August 6, 2014, previously published on August 4, 2014In 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...
|Don’t Pour Your Profits Down Your Competitor’s Drain|
Nicole J. Harrell; Kaufman & Canoles A Professional Corporation;
August 5, 2014If 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.
|Proposed Amendments to Venture Issuer Disclosure Requirements|
Jacques Du Plessis, Jonathan O'Connor; Goodmans - Vancouver;
July 29, 2014, previously published on July 9, 2014Earlier 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...
|FDA issues final rule and guidance on records access as required by the Food Safety Modernization Act|
T.H. Lyda; Burns White LLC;
July 29, 2014, previously published by Burns White websiteToday 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...
|The Return of the Slime Monster|
Matthew S. Hendricks; Baker Sterchi Cowden & Rice, L.L.C.;
July 28, 2014, previously published on July 23, 2014The 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...
|Sugar and Spice and Cases on Ice: Evaporated Cane Juice Case Stayed Until FDA Issues Formal Guidelines|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
July 23, 2014, previously published on July 14, 2014Last 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...
|Read It Before You Sign It|
Paul F. Wieneskie; Bailey & Galyen, Attorneys at Law;
July 22, 2014, previously published on June 25, 2014Sounds 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.
|Public 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;
July 19, 2014, previously published on July 7, 2014The 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...
|How to Market Alcohol Beverages Legally Using Social Media|
Elizabeth A. DeConti; GrayRobinson, P.A.;
July 17, 2014, previously published on July 15, 2014Restaurants 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...
|Dueling 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;
July 1, 2014, previously published on June 2014SCOTUS 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)....