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|Food Court Report: You Can't Say It's "Organic" If It's Not|
Douglas J. Behr, Kishore H. Khan; Keller and Heckman LLP;
January 8, 2016, previously published on December 15, 2015The Supreme Court of California recently ruled that the federal organic labeling program does not preempt a claim under California state law that a certified organic grower intentionally mislabeled conventionally grown produce as organic. The case, Quesada v. Herb Thyme Farms, Inc., No. S216305,...
|China's New Food Safety Law is now in Effect|
Yun Chen, David J. Ettinger, Jenny Li; Keller and Heckman LLP;
January 8, 2016, previously published on December 18, 2015China’s new Food Safety Law (FSL) became effective on October 1, 2015. The law was passed earlier this year, in response to several high-profile food safety scandals and the need for China to harmonize with the global practice of food safety management. The new law includes a number of...
|CFDA Announces Draft Regulation to Implement China's New Food Safety Law|
Yun Chen, Yin Dai, David J. Ettinger, Jenny Li, Mark Thompson; Keller and Heckman LLP;
January 8, 2016, previously published on December 21, 2015On December 9, China Food and Drug Administration (CFDA) released the draft Regulation on the Implementation of the Food Safety Law of the P.R. China1 (hereinafter "Regulation") for public comments by January 8, 2016. This extensive Regulation includes 200 articles, detailing issues...
|Knockout in Round One: Court Dismisses California Supply Chains Act Class Action|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
January 7, 2016, previously published on December 29, 2015The first round goes to the industry: on December 9, 2015, the Central District of California dismissed the complaint in Barber v. Nestle USA, a key bellwether case in a new wave of class action litigation related to California’s Transparency in Supply Chains Act. The Barber plaintiffs’...
|Food-Borne Illnesses Allegedly Linked to Chipotle in Several States|
Brayton Purcell LLP;
January 7, 2016News headlines through autumn 2015 have repeatedly reported that pockets of patrons of Chipotle Mexican Grill restaurants across the country have allegedly been sickened after having eaten there. Commentators have noted that the chain's signature devotion to fresh ingredients and local food...
|FDA Issues Final Rules to Implement FSMA Produce Safety, FSVP, and Third-Party Auditor Provisions|
Melvin S. Drozen, Evangelia C. Pelonis, Laura D. Venker; Keller and Heckman LLP;
January 7, 2016, previously published on November 13, 2015FDA has issued its long-awaited final rules to implement the produce safety, foreign supplier verification program (FSVP), and accredited third-party certification provisions under the FDA Food Safety Modernization Act (FSMA). The rules are scheduled for publication in the Federal Register on...
|Keytruda May Bring Hope for Mesothelioma Patients|
Waters Kraus LLP;
January 5, 2016, previously published on December 9, 2015Mesothelioma patients may benefit from the U.S. Food and Drug Administration’s (FDA) recent approval of Keytruda (pembrolizumab), manufactured by Merck. Keytruda is an immunotherapy drug designed to treat advanced non-small cell lung cancer (NSCLC).
|FDA Issues Three Major FSMA Final Rules|
Edgar J. Asebey, Jonathan Berman, Colleen Heisey, Katherine M. Llewellyn, Cristiana Spontoni; Jones Day;
January 4, 2016, previously published on December 2015On November 13, 2015, FDA published three major Food Safety Modernization Act ("FSMA") rules. These final rules require food importers and producers to undertake systemic safety measures designed to prevent outbreaks of foodborne illness.
|What Does GMA’s SmartLabel Initiative Mean for False Advertising Litigation?|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
December 29, 2015, previously published on December 17, 2015On December 2, 2015, the Grocery Manufacturers Association announced SmartLabel, a pioneering technology initiative that gives manufacturers and retailers an important new channel for disclosing information about their products directly to consumers. Through SmartLabel, simply by searching online...
|Produce Farmers Subject to New FDA Produce Safety Rule|
Nicholas A. Reister; Smith Haughey Rice & Roegge, P.C.;
December 28, 2015, previously published on November 23, 2015On November 13, the U.S. Food and Drug Administration issued food safety rules which, for the first time, apply to produce farms. The new rules, known as the Produce Safety Rule provide for