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|China Passes Sweeping Amendment to Food Safety Law: The Most Stringent To Date|
Yun Chen, David J. Ettinger, Mark Thompson; Keller and Heckman LLP;
May 13, 2015On April 25, 2015, after two rounds of comment solicitation and revision in 2013 and 2014, the Standing Committee of the National People's Congress of China passed the amended Food Safety Law (“Law”). The Law, which will enter into force on October 1, 2015, is considered the most...
|Nanotechnology in Food: A Recipe for Controversy|
David M. Governo, Sarah E. O'Leary; Governo Law Firm LLC;
May 13, 2015, previously published on April 28, 2015Dunkin' Donuts recently made headlines when the company agreed to remove the nanoparticle titanium dioxide from the powdered sugar in its popular donuts. Titanium dioxide is used in powdered donuts as a whitening agent, increasing the attractiveness of Dunkin's products. Other nanoparticles such as...
|Windsor Food Quality Co. v. Underwriters of Lloyd's of London (4th Dist.Ct.App. 2015), --- Cal.App.4th ----, 2015 DJDAR 2507, Case No. E058324|
McCormick Barstow Sheppard Wayte Carruth LLP;
May 7, 2015Windsor manufactured frozen food products using ground beef supplied by Westland. The USDA announced a voluntary class II recall of Westland products because Westland had used beef from non-ambulatory disabled cattle, which beef may have been contaminated with mad cow disease. Windsor recalled its...
|United States Court of Appeals For The Fourth Circuit Denies Petition For Rehearing In Historic Appeal Against Chelsea Therapeutics|
Faruqi Faruqi LLP;
May 7, 2015, previously published on April 13, 2015On March 16, 2015, the United States Court of Appeals for the Fourth Circuit determined that the claims asserted against Chelsea Therapeutics International, Ltd. should be remanded for further proceedings because the claims had been erroneously dismissed by the district court:
|New Law Puts California Operators in Labor Bind|
Jeffrey S. Horton Thomas; Thomas Employment Law
May 1, 2015, previously published by Restaurant Hospitality on January 2015Effective January 1, 2015, restaurants, bars, hotels and other businesses that bring in workers through other companies - such as outside valet parking, security, landscape maintenance and temp companies - will be liable to the workers whenever their actual employer (the valet parking company, for...
|How You Say It Makes a Difference - California False Advertising Claims Attacking "No Trans Fat" Labeling Gain Traction as Ninth Circuit Rejects Preemption Arguments|
Robert S. Niemann; Keller and Heckman LLP;
April 27, 2015, previously published on March 24, 2015The United States Court of Appeals for the Ninth Circuit held, in relevant part, that a consumer states a valid claim for false advertising when a company claims "No Trans Fats" for a product which has less than 0.5 grams of trans fats per serving (but more than 0 grams) even though Food...
|FDA Issues Guidance on Meetings between Agency and Sponsors to Promote Consistency and Effectiveness|
Scott S. Liebman; Loeb & Loeb LLP;
April 22, 2015, previously published on March 2015The agency is making recommendations on formal meetings about the development and review of drugs or biological products that fall under the regulation of the Center for Drug Evaluation and Research (CDER) and the Center for Biologics Evaluation and Research (CBER) in a bid to provide consistent...
|FDA-Regulated Industry Litigation Update regarding "Made in the U.S.A." Claims|
Melvin S. Drozen, Alissa D. Jijon, Richard F. Mann, Evangelia C. Pelonis, Frederick A. Stearns; Keller and Heckman LLP;
April 15, 2015, previously published on April 14, 2015We look forward to having you join us for our upcoming webinar, “Made in the U.S.A.” Claims: A Marketer's Guide. Relatedly, we are writing with an update on a recent litigation development in the “Made in the U.S.A.” claim arena, particularly as it may have implications for...
|Even Further Down the Rabbit Hole: New EU Legislation Adds to GMO Quagmire|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
April 9, 2015, previously published on January 29, 2015A vote by European Union (EU) lawmakers in mid-January gave individual governments within the 28-nation bloc the authority to decide whether genetically modified organisms (GMOs) can be grown and cultivated within their borders. The move will give individual member states the ability to prohibit or...
|Drug Quality and Security Act Does Not Apply to Veterinary Compounding|
Patrick C. Gallagher, Rachael G. Pontikes, Alison T. Rosenblum; Duane Morris LLP;
March 30, 2015, previously published on March 6, 2015While the Drug Quality and Security Act (DQSA) provided a new regulatory framework for compounded medications for use in human medicine, it does not apply to veterinary compounded medications. There has been some confusion in the industry, but veterinary compounded medications are still regulated...