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|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:
|Supreme Court Justices Seemingly Dubious Over Coca-Cola’s Assertion That FDA Label Regulations Preempt False Advertising Claims|
Christopher M. Bikus; Husch Blackwell LLP;
April 30, 2014, previously published on April 25, 2014In arguments before the Supreme Court earlier this week, Coca-Cola asserted that its label for Minute Maid “Pomegranate Blueberry” juice, which contained a “flavored blend of 5 juices” complies with FDA rules and therefore, Coca-Cola could not be sued by a competitor for...
|Food Labeling at SCOTUS: Can FDA Compliant Labels Still be Deceptive?|
Gene Summerlin; Husch Blackwell LLP;
April 30, 2014, previously published on April 26, 2014 On April 21, 2014, the Supreme Court of the United States heard oral arguments in POM Wonderful LLC v. The Coca-Cola Company. This is perhaps the most interesting food labeling case to come along in, well . . . forever. What is at issue here? The central question is whether a food product label...
|FDA Finalizes Rule Prohibiting Certain Nutrient Content Claims for Omega-3 Fatty Acids|
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
April 30, 2014, previously published on April 28, 2014FDA issued a final rule that prohibits nutrient content claims for the omega-3 fatty acids DHA and EPA, as well as certain nutrient content claims for ALA. The final rule carries through on the proposed rule issued in November 2007 with no substantive changes.
|FDA’s Proposed Changes to Revamp Nutrition Labels|
Megan R. Galey; Husch Blackwell LLP;
April 24, 2014, previously published on April 14, 2014With the exception of adding trans fatty acids, the Nutrition Facts Label has not undergone any significant changes since Congress first approved it under the 1990 Nutrition Labeling and Education Act until now. In March 2014, the U.S. Food & Drug Administration (the “FDA”) unveiled...
|Dram Shop/Liquor Liability in Pennsylvania|
Carol Ann Murphy; Margolis Edelstein;
April 22, 2014The Pennsylvania Liquor Code, Section 4-493(1) provides the basis for imposing liability for negligent service of alcohol by liquor licensees.
|New Hurdles for California Business with Proposed Prop 65 Changes|
Steven L. Hoch; Morris Polich & Purdy LLP;
April 16, 2014, previously published on April 1, 2014Doing business in California is difficult for many reasons. Instead of trying to keep business in California, the state is suggesting further burdens to business es with no apparent real benefit to its citizenry. California is considering requiring business es to change warnings and make reports...
|Setting the Record Straight on GRAS: Part 1|
Ricardo Carvajal, Diane B. McColl; Hyman, Phelps & McNamara, P.C.;
April 16, 2014, previously published on April 14, 2014When GAO issued its 2010 report criticizing FDA’s oversight of the GRAS exception, we were motivated to respond first in short form in a blog post, and then in long form through a Washington Legal Foundation Legal Backgrounder. In the years since, attacks on the GRAS exception have grown...
|GMO Labeling Legislation Update: Industry Friendly Bill Introduced in Congress as State Legislatures Consider Bills Mandating GMO Labeling|
Melvin S. Drozen, Leslie T. Krasny, Eric S.C. Lindstrom, Richard F. Mann, Evangelia C. Pelonis; Keller and Heckman LLP;
April 14, 2014, previously published on April 11, 2014Legislative activity surrounding the labeling of food produced from or containing Genetically Modified Organisms (GMOs) continues to escalate as lawmakers on Capitol Hill and in state legislatures consider a variety of proposals.
|D.C. Circuit to Hear COOL Case En Banc|
Riëtte van Laack; Hyman, Phelps & McNamara, P.C.;
April 11, 2014, previously published on April 8, 2014Does the same standard that applies when regulators require label statements that “correct a deception,” such as false advertising, also apply when they require label statements for other purposes based on the interests of the government? This issue will be before the United States...