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|Supreme Court: Lanham Act Suit Not Preempted By FDA Regulation|
Keller Heckman LLP;
June 20, 2014, previously published on June 12, 2014The U.S. Supreme Court today ruled unanimously that competitors may file an action under the Lanham Act to challenge the name, label, marketing and advertising of beverages and other food regulated by the U.S. Food and Drug Administration under the Federal Food Drug and Cosmetic Act.* Neither the...
|Compliance with FDA Regulations May Not Protect a Company From the Risk of Liability to Competitors via Unfair Competition Challenges|
Douglas J. Behr, Alyssia J. Bryant, Melvin S. Drozen, Arthur S. Garrett; Keller and Heckman LLP;
June 20, 2014, previously published on June 16, 2014On June 12, 2014, the Supreme Court unanimously held that one competitor may sue another under the federal Lanham Act for false, misleading, or deceptive advertising and labeling of its food and beverage products even though the labeling may conform with FDA regulations. The Supreme Court took the...
|Federal Government Cracks Down on Cheese|
McDonald Hopkins LLC;
June 17, 2014, previously published on June 13, 2014That headline isn’t a typo. The Food and Drug Administration (FDA) is concerned about the public health safety of using wooden boards to age or ripen cheese. The agency recently cited several New York state cheese makers for using the boards in a recent inspection, saying the...
|Proposed Health IT Strategy Aims to Promote Innovation|
Eugene Y.C. Ngai, Stephanie L. Zeppa; Sheppard, Mullin, Richter & Hampton LLP;
June 17, 2014, previously published on June 11, 2014On April 7, 2014, the Food and Drug Administration (FDA), in consultation with the Office of the National Coordinator for Health Information Technology (ONC) and the Federal Communications Commission (FCC) released a draft report addressing a proposed strategy and recommendations on an...
|Federal False Advertising Lawsuits Permitted to Proceed Notwithstanding Compliance with Government Rules and Regulations|
Barry M. Benjamin, Theodore H. Davis; Kilpatrick Townsend Stockton LLP;
June 17, 2014, previously published on June 12, 2014In a closely watched case involving allegations of false advertising by competitors, the U.S. Supreme Court handed a victory to POM Wonderful by accepting that company’s argument that mere compliance with governmental regulations does not preclude or preempt false advertising claims under the...
|Do Product Labels Matter? Maybe|
Helene M. Freeman; Phillips Nizer LLP;
June 5, 2014, previously published on May 21, 2014Why is a can for Minute Maid juice like a coat? The answer: Because federal statutes and government regulations prescribe how each is labeled. In the case of juice, the label is prescribed by the U.S. Food and Drug Administration (FDA) regulations promulgated under the Nutritional Labeling and...
|Health Canada's Modernization Makeover: An Update on the New Food Safety Regulations|
Sara Zborovski; Davis LLP;
June 4, 2014, previously published on May 29, 2014On May 27, 2014, the Canadian Food Inspection Agency (“CFIA”) released an Overview of the proposed regulations under the Safe Food for Canadians Act (the “SFCA”). This is the latest deliverable in Health Canada’s modernization makeover, and sets the stage for ongoing...
|ESDC Announces Moratorium on LMO Applications Related to the Food Services Sector|
Henry J. Chang; Blaney McMurtry LLP;
June 4, 2014, previously published on May 14, 2014On April 24, 2014, Canada’s Minister of Employment and Social Development (Jason Kenney) announced an immediate moratorium on the Food Services Sector’s access to the Temporary Foreign Worker Program (“TFWP”). As a result, Employment and Social Development Canada...
|Will Feds Step Onto the GMO Playing Field?|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
May 14, 2014, previously published on May 9, 2014In January and April, this space took a look at the growing patchwork of state proposals for regulating the labeling of foods with genetically modified ingredients (GMOs). As posited here in April, the recent surge in such bills raises a serious question as to whether any individual...
|Notable Provisions of H.B. 112|
Melvin S. Drozen, Leslie T. Krasny, Eric S.C. Lindstrom, Richard F. Mann, Frederick A. Stearns; Keller and Heckman LLP;
April 30, 2014, previously published on April 25, 2014Section 3403 sets forth the GMO labeling requirements in Vermont. Foods that are produced entirely or partially with genetic engineering must be labeled as follows: