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|California Court of Appeal Rules that State Law Claims for Alleged Misuse of the Term 'Organic' on Food Products Are Preempted by Federal Law|
Angela Diesch, Mark D. Kemple; Greenberg Traurig, LLP;
January 7, 2014, previously published on December 31, 2013In a case of first impression, and with enormous national implications for the food industry, on December 23, 2013, the California Court of Appeal, Second Appellate District, ruled that state law consumer actions challenging certified organic growers’ labeling of food products as...
|A Brief History and Overview of Country of Origin Labeling Requirements|
Melvin S. Drozen, Alissa D. Jijon; Keller and Heckman LLP;
January 6, 2014, previously published on January 2, 2014Country of Origin Labeling (COOL) laws and regulations require retailers to notify their customers of the country of origin of covered commodities, which include beef, veal, lamb, chicken, fish and shellfish, goat, pork, perishable agricultural commodities, macadamia nuts, pecans, ginseng, and...
|A "Shift in Perspective": FDA Proposes Food Defense Rule to Protect against Terrorism; Burdens Food and Dietary Supplement Industries|
John G. Moore; Venable LLP;
January 6, 2014, previously published on January 2014On December 24, 2013, the U.S. Food and Drug Administration (FDA) published in the Federal Register proposed new rules that are intended to protect the food supply from intentional "adulteration" (i.e., contamination) intended to cause large-scale harm to public health. Although well...
|Will the Supreme Court Weigh in on the Interplay Between the Lanham Act and the FDC Act? The SG’s Office Says it Should Not, But the Justices Will Decide in January of 2014, So Stay Tuned|
James P. Ellison; Hyman, Phelps & McNamara, P.C.;
December 30, 2013, previously published on December 26, 2013In early 2014, the Supreme Court will meet in conference to decide whether to hear a case concerning whether, and to what extent, a private party can pursue a Lanham Act claim based on labeling regulated under the FDC Act.
|Does Soymilk Come From Cows? “Even the Least Discerning of Consumers” Should Know Better|
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
December 27, 2013, previously published on December 23, 2013A California district court granted Defendants’ motion to dismiss in a putative class action brought by Plaintiffs who alleged that certain plant-based beverages, including soymilk, almond milk, and coconut milk, were misbranded because FDA defines “milk” as being derived from...
|Beware of What You Wish for, You Might Get It|
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
December 16, 2013, previously published on December 10, 2013As this blog has reported on numerous occasions, plaintiffs have brought claims challenging labeling of food products for mislabeling. The labels challenged include the use of the term “natural”, “0g trans fat” and the infamous claim of misbranding relating to “crunch...
|Many in Congress are Concerned about FDA’s Draft Rules Regarding Produce and Preventive Controls; Some Call for a Second Draft|
Riëtte van Laack; Hyman, Phelps & McNamara, P.C.;
December 13, 2013, previously published on December 12, 2013In addition to the many (more than 20,000) comments to FDA on the draft rules regarding Produce and Preventive Controls implementing the Food Safety Modernization Act (“FSMA”) (Docket Nos. FDA-2011-N-0920 and FDA-2011-N-0921), FDA has received a flurry of letters from Congress -...
|FDA Condones Use of Arsenic in Chicken Meat|
Brayton Purcell LLP;
December 13, 2013, previously published on December 5, 2013Chicken and pork, the healthier white meat alternatives to a burger, right? Wrong. The FDA research recently released shows arsenic in conventional chicken meat. This is not a new phenomenon, the FDA has been aware of this for sixty years.
|Supreme Court of Canada Upholds Union’s Right to Freedom of Expression|
Albert Nolette; Field Law;
December 13, 2013, previously published on December 5, 2013As noted in our latest Privacy Press update, recently the Supreme Court of Canada in Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC 62, determined that Alberta’s Personal Information Protection Act (the “PIPA”)...
|Toyota Reaches Settlement After Unintended Accelaration Crash|
James P. Nevin; Brayton Purcell, LLP;
December 13, 2013, previously published on December 6, 2013Toyota recently reached a settlement with the victims of a deadly 2007 car crash, after a $3-million jury verdict.