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Documents on Antitrust & Trade Regulation, Food & Beverage
 

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HTMLThird Circuit Holds that the FDC Act Preempts Class Action Regarding Absence of Trans Fat and Cholesterol Reducing Effect
Riëtte van Laack; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
May 17, 2013, previously published on May 16, 2013
On May 9, 2013, the U.S. Court of Appeals for the Third Circuit affirmed a District Court’s decision that a state law class action concerning claims regarding the absence of trans fat and cholesterol lowering effect was preempted.

 

HTMLLabeling of GE Foods on the Horizon?
Riëtte van Laack; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
May 10, 2013, previously published on May 8, 2013
Senator Barbara Boxer (D-Calif.) and Representative Peter DeFazio (D-Ore.) recently introduced the Genetically Engineered Food Right-to-Know Act (S. 809 and H.R. 1699) that would direct FDA to require labeling to identify genetically engineered (“GE”) foods “so that consumers can...

 

HTMLUsing Scientific Literature in Food or Dietary Supplement Marketing? Proceed with Caution
Katie Bond; Hyman Phelps McNamara P.C.;
Legal Alert/Article
May 3, 2013, previously published on May 1, 2013
Recent actions by FDA and the FTC serve as reminders that both agencies will consider the use of scientific literature in determining whether marketing for a food or dietary supplement conveys disease treatment or prevention.

 

HTMLFDA Held In Violation of APA for Delay in Issuing FSMA Regulations
Ricardo Carvajal; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
April 25, 2013, previously published on April 24, 2013
The U.S. District Court for the Northern District of California granted summary judgment to the Center for Food Safety and Center for Environmental Health in their lawsuit alleging that FDA’s delay in issuing regulations to implement the Food Safety Modernization Act ("FSMA")...

 

Adobe PDFThe Legal Background Of Trading Of Products Of Food Industry, Food Supplements, Cosmetic Products In Hungary
BALaZS HOLLo Law Firm;
Legal Alert/Article
April 19, 2013
The matter of food safety takes priority in the European Union and in Hungary as well. The population worries about chemical agents, pathogens, additives that can possibly be found in food and about genetically modified food or new technologies. Since there is a rightful claim that the food we...

 

HTMLRies v. Arizona Beverages
Douglas J. Behr, Arthur S. Garrett, Robert S. Niemann; Keller and Heckman LLP;
Legal Alert/Article
April 16, 2013, previously published on April 12, 2013
Is high fructose corn syrup not "natural?" The federal court in San Francisco recently said that a pair of plaintiffs had failed to prove it was not. The Court, which is commonly referred to as "the food court" because of the number of food labeling challenges it has been...

 

HTMLFederal Judge Grants Defendants’ Motion for Summary Judgment in “All Natural” Lawsuit
Riëtte van Laack; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
April 15, 2013, previously published on April 10, 2013
On March 28, U.S. District Court Judge Richard Seeborg of the Northern District of California entered summary judgment for the defendants in a 2010 class-action lawsuit which had alleged that defendants misrepresented AriZona Iced Tea beverages containing “man-made” citric acid and high...

 

HTMLAre Your “Natural” Food and Supplement Ingredients Really Natural? The National Organic Program Issues Draft Guidance Concerning Definition of Natural vs. Synthetic
Riëtte van Laack; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
April 6, 2013, previously published on April 5, 2013
Under the Organic Food Production Act (“OFPA”), the National Organic Program (“NOP”) of the USDA is authorized to establish the National List of Allowed and Prohibited Substances (“National List”). This National List contains each synthetic substance that is...

 

HTMLAppeal in NYC Sugary Drinks Case Set for June; Decision by Judge Tingling Cites Loopholes and Questions Imminence of Danger Due to Obesity; State of Mississippi Responds
Etan J. Yeshua; Hyman, Phelps & McNamara, P.C.;
Legal Alert/Article
March 22, 2013, previously published on March 20, 2013
New York City's portion cap rule will have its day in court (again) in early June. The rule, which would have fined food service establishments for each sugary drink sold in a container larger than 16 ounces, was challenged and struck down last week by a New York State Supreme Court judge who...

 

HTMLFDA Public Comment Sessions: Engaging the Industry
Bradley A. McKinney, Kimberly J. Walker; Faegre Baker Daniels;
Legal Alert/Article
March 21, 2013, previously published on March 20, 2013
The U.S. Food and Drug Administration (FDA) recently concluded the second of three public meetings being held to solicit public comment on two Proposed Rules released by the agency in early January.

 


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