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Documents on Antitrust & Trade Regulation, Food & Beverage
 

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HTMLSugar and Spice and Cases on Ice: Evaporated Cane Juice Case Stayed Until FDA Issues Formal Guidelines
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
July 23, 2014, previously published on July 14, 2014
Last week, a California federal judge revived a putative class action accusing Amy’s Kitchen Inc. of misleading customers by labeling sugar as “evaporated cane juice” on its products. In a finding that puts the case on hold until the FDA weighs in, Judge Illston found that a...

 

HTMLPublic Meeting on Proposed Rules to Change Nutrition Facts Label and Serving Sizes
Melvin S. Drozen, Alissa D. Jijon, Leslie T. Krasny, Evangelia C. Pelonis, Laura Venker; Keller and Heckman LLP;
Legal Alert/Article
July 19, 2014, previously published on July 7, 2014
The Food and Drug Administration (FDA) held a public meeting on June 26, 2014 to discuss the proposed rules to revise the Nutrition Facts label and serving sizes. The meeting featured an overview of the proposed rules by FDA, a panel on stakeholder perspectives with representatives from trade...

 

HTMLHow to Market Alcohol Beverages Legally Using Social Media
Elizabeth A. DeConti; GrayRobinson, P.A.;
Legal Alert/Article
July 17, 2014, previously published on July 15, 2014
Restaurants and bars are marketing food and beverage items using social media more than ever before. Brands use social media sites such as Twitter to engage consumers and generate conversation, and companies make offers to consumers on Facebook and Foursquare to promote brand loyalty. These offers...

 

HTMLFDA Releases Long-Awaited Guidances on Character Limitations and Misinformation on Internet/Social Media
Loeb Loeb LLP;
Legal Alert/Article
July 1, 2014, previously published on June 2014
In two separate guidances, the Food and Drug Administration (FDA) advises prescription drug and device manufacturers on its "current thinking" on advertising through space-constrained social media (e.g., Twitter) and on the monitoring of third-party online posts. Although the guidances,...

 

HTMLDueling FDA Regulations Do Not Preclude Private Parties from Bringing Lanham Act Suits, Thereby Permitting POM to Bring Action against Coca-Cola for Alleged Deceptive Drink Labeling
Morgan N. Gough; Semmes Bowen Semmes A Professional Corporation;
Legal Alert/Article
July 1, 2014, previously published on June 2014
SCOTUS reviewed its second Lanham Act challenge this Term in POM Wonderful LLC v. Coca-Cola Co. See Lexmark Int’l Inc. v. Static Control Components, Inc., 572 U.S. ---, 132 S. Ct. 1377 (2014) (articulating the standards for standing to bring false advertisement claims under the Lanham Act)....

 

HTMLThe 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;
Legal Alert/Article
June 26, 2014, previously published on June 17, 2014
Last 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...

 

Adobe PDFSupreme Court: Lanham Act Suit Not Preempted By FDA Regulation
Keller Heckman LLP;
Legal Alert/Article
June 20, 2014, previously published on June 12, 2014
The U.S. Supreme Court today ruled unanimously that competitors may file an action under the Lanham Act to challenge the name, label, marketing and advertising of beverages and other food regulated by the U.S. Food and Drug Administration under the Federal Food Drug and Cosmetic Act.* Neither the...

 

HTMLCompliance with FDA Regulations May Not Protect a Company From the Risk of Liability to Competitors via Unfair Competition Challenges
Douglas J. Behr, Alyssia J. Bryant, Melvin S. Drozen, Arthur S. Garrett; Keller and Heckman LLP;
Legal Alert/Article
June 20, 2014, previously published on June 16, 2014
On June 12, 2014, the Supreme Court unanimously held that one competitor may sue another under the federal Lanham Act for false, misleading, or deceptive advertising and labeling of its food and beverage products even though the labeling may conform with FDA regulations. The Supreme Court took the...

 

HTMLFederal Government Cracks Down on Cheese
McDonald Hopkins LLC;
Legal Alert/Article
June 17, 2014, previously published on June 13, 2014
That headline isn’t a typo. The Food and Drug Administration (FDA) is concerned about the public health safety of using wooden boards to age or ripen cheese. The agency recently cited several New York state cheese makers for using the boards in a recent inspection, saying the...

 

HTMLSupreme Court Justices Seemingly Dubious Over Coca-Cola’s Assertion That FDA Label Regulations Preempt False Advertising Claims
Christopher M. Bikus; Husch Blackwell LLP;
Legal Alert/Article
April 30, 2014, previously published on April 25, 2014
In 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...

 


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