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HTMLNew Schedule Set for Issuance of FSMA Rules
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
February 24, 2014, previously published on February 21, 2014
FDA entered into a consent decree with the Center for Food Safety that specifies new deadlines for the agency’s submission of final rules implementing FSMA to the Federal Register for publication. The consent decree marks the latest chapter in a case that started in August 2012 and wound its...

 

HTMLHealth Canada's Modernization Makeover: New Food Inspection and Safety Regulations on the Way
Sara Zborovski; Davis LLP;
Legal Alert/Article
February 21, 2014, previously published on February 19, 2014
Health Canada is in the midst of a “modernization makeover,” with some changes already in force and many more to come. Advances in science and technology, globalization of the food industry, and changing consumer demands have rendered the current Canadian regulatory environment for food...

 

HTMLInfant Formulas Required to Comply with New FDA Rules
James P. Nevin; Brayton Purcell, LLP;
Legal Alert/Article
February 19, 2014, previously published on February 13, 2014
New Food and Drug Administration (FDA) rules will require companies producing infant formula to strengthen "their quality control procedures and reporting requirements." Although many firms already meet those requirements, the rule "will give the agency more control over enforcing...

 

HTMLFranchisors Must Repurchase Damaged Equipment From Franchisees Upon Rescission
Brooke MacKenzie, Adam Ship; McCarthy Tétrault LLP;
Legal Alert/Article
February 17, 2014, previously published on February 4, 2014
In the latest installment of the Springdale Pizza Depot franchise dispute, the Ontario Superior Court of Justice clarified that, upon rescission, franchisors must buy back supplies and equipment purchased by the franchisee pursuant to the franchise agreement - even if the equipment is in very poor...

 

HTMLFDA Releases Proposed Sanitary Food Transportation Regulations
Riëtte van Laack; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
February 11, 2014, previously published on February 9, 2014
FDA published a proposed rule to implement the Sanitary Food Transportation Act of 2005 (“SFTA”) in the Federal Register on February 5. FDA also published Questions and Answers related to the sanitary transportation of human and animal food. Enacted in 2005, the SFTA shifted...

 

HTMLIOM Publishes Summary of Workshop on Caffeine in Food and Dietary Supplements
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
January 31, 2014, previously published on January 27, 2014
The Institute of Medicine (“IOM”) published a summary report of the workshop on caffeine in food and dietary supplements that IOM convened last August at FDA’s request. As noted in the introduction to the summary, the summary presents statements, recommendations, and opinions of...

 

HTMLLack of Ascertainability: A Strong Defense to Class Certification in Products Labeling Class Actions
Richard E. Coe, Zoë K. Wilhelm; Drinker Biddle & Reath LLP;
Legal Alert/Article
January 17, 2014, previously published on January 13, 2014
On Tuesday, January 7, a California court rejected a motion for class certification in Astiana v. Ben & Jerry’s Homemade, Inc., No. 10-4387, 2014 WL 60097 (N.D. Cal. Jan. 7, 2014), primarily on grounds that the proposed class was insufficiently ascertainable and common questions did not...

 

HTMLFDA Issues Final Guidance Distinguishing Liquid Dietary Supplements from Beverages
Justin J. Prochnow; Greenberg Traurig, LLP;
Legal Alert/Article
January 17, 2014, previously published on January 15, 2014
On Monday, January 13, 2014, the Food and Drug Administration (FDA) issued a long-awaited and much anticipated, revised and now, final Guidance for Industry entitled, “Distinguishing Liquid Dietary Supplements from Beverages.” The FDA had previously issued a Draft Guidance for Industry...

 

HTMLAs Maine Goes, So Goes The Nation?
Daniel J. Herling; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
January 15, 2014, previously published on January 10, 2014
“As Maine goes, so goes the nation” was a phrase that described Maine’s reputation as a bellwether state for presidential elections from 1832 through approximately 1936.

 

HTMLI Scream, You Scream, We All Scream For... Ascertainability?
Paul Seeley; Sheppard, Mullin, Richter & Hampton LLP;
Legal Alert/Article
January 13, 2014, previously published on January 10, 2014
On January 7, 2014, the Northern District of California refused to certify a class of Ben & Jerry’s purchasers who allegedly had purchased ice cream that was falsely advertised as “all natural.” Astiana v. Ben & Jerry’s Homemade, Inc., No. C 10-4387 PJH, 2014 U.S....

 


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