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Documents on Agricultural Law, Food & Beverage
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|US Loses WTO Battle Over Country-of-Origin Labeling Requirements for Meat Products|
Duane W. Layton, Kelsey M. Rule, Paulette Vander Schueren; Mayer Brown LLP;
October 28, 2014, previously published on October 23, 2014A World Trade Organization (“WTO”) panel has ruled that the United States’ amended country-of-origin labeling (“COOL”) requirements for beef and pork products not only fell short of bringing it into compliance with prior rulings but, in fact, worsened the United...
|GMO Labeling: Current Standards and Policies|
Gene Summerlin; Husch Blackwell LLP;
August 11, 2014, previously published on August 6, 2014Unless you have been living under a rock, you know that a battle is brewing over labeling foods which contain genetically modified ingredients. According to a recent New York Times poll, 93% of American consumers favor labeling of some type for foods that contain genetically modified organisms...
|The Food Fight Continues: POM Wonderful’s Lanham Act Claim Not Barred by Food Labeling Regulations|
Michael R. Annis, Christopher M. Bikus, Megan R. Galey; Husch Blackwell LLP;
June 26, 2014, previously published on June 17, 2014Last Thursday (June 19), the U.S. Supreme Court unanimously decided that the federal Food, Drug and Cosmetic Act (“FDCA”) does not preclude POM Wonderful’s deceptive labeling claims under the Lanham Act against Coca-Cola. POM Wonderful LLC v. Coca-Cola Co., No. 12-761, slip op. at...
|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:
|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...
|Packaging Design and Innovation Could Ease Costs of Food Waste|
Christopher W. Hamlin; Husch Blackwell LLP;
April 2, 2014, previously published on March 28, 2014According to a recent UN report, one-third (1.3 billion tons) of the world’s food is wasted each year. The report, entitled Food Wastage Footprint: Impacts on Natural Resources, analyzes the environmental impacts of global food wastage, but also highlights the significant economic impact to...
|What's in the Box? FDA Proposes Revisions to Nutrition Facts Panels|
March 3, 2014, previously published on February 27, 2014 Today, February 27, 2014, the U.S. Food and Drug Administration proposed three rules that would make landmark revisions to the iconic black and white Nutrition Facts panel if finalized. The proposed changes affect all packaged foods, including dietary supplements where applicable, except certain...
|FSMA and Intentional Adulteration: FDA Issues Proposed Rule and Signals Approach to Economically Motivated Adulteration|
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
January 8, 2014, previously published on January 7, 2014In the latest major rulemaking initiative under the Food Safety Modernization Act ("FSMA"), FDA issued a proposed rule to implement provisions of FSMA that address intentional adulteration. Further below we summarize major provisions of the proposed rule. However, we note at the outset...
|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...