Consumer’s Individual and Proposed Class Action Claims of Mislabeling of...
The food industry received welcome news late last month when a California state appellate court in Los Angeles affirmed a trial court finding that a proposed class action against a federally certified,...
View ArticleWhat’s All the Uproar About Caramel Color?
Caramel color: it sounds harmless – maybe even delicious – so why has it suddenly caused enough concern to draw Food and Drug Administration (FDA) attention? “Caramel color” is a common name for a...
View ArticlePortable Generators Linked to Carbon Monoxide Deaths
With the increase in violent storms and extreme weather causing more power outages, the number of homes using portable generators has dramatically increased in recent years. Portable generators have...
View ArticleAre We Ready for New Nutritional Information Labels?
The FDA recently took its first step toward a facelift for the now ubiquitous nutritional information labels we see on food and drink every day. On February 27, 2014, the FDA proposed updates to the...
View ArticleCalifornia Law Proposed to Require Labeling of Genetically Modified Foods
The California State Legislature recently proposed SB 1381, which requires manufacturers to label genetically modified foods. The bill places limitations on potential litigation and only permits an...
View ArticleSupreme Court’s Juice Decision Could Open the Door to New Litigation
Juice maker POM Wonderful manufactures 100% pomegranate juice and other juice products made primarily from the pomegranate fruit. Since its founding in 2002, the company has reached a growing market of...
View ArticleFDA Issues Guidance on Gluten–Free Labeling Requirements
As American consumers become increasingly more heath conscious, many more of them now read the labels on food packages to determine the overall fat content, percent of calories from carbohydrates, the...
View ArticleProposed FDA Rule Changes Leading Food Companies to Take Proactive Measures
In December 2013, the FDA proposed comprehensive changes to the Food Safety and Modernization Act of 2008, with the intention of standardizing the processes for growing, harvesting, packing, and...
View ArticleUnsure What “Natural” Means? That’s Natural…
As anyone who has entered a grocery store in recent years has noticed, there has been a proliferation of foods and beverages claiming to be “natural.” This is not surprising, as according to market...
View ArticleFood Technology: Charting Unknown Territories
The ever-changing industry of food products is one that is hard to keep up with. Much like electronics, or cars, or even toys, the industry is consistently innovating and creating new technologies and...
View ArticleDefeating “Unnatural” Class Actions
On June 12, 2015 a plaintiff filed a class action lawsuit against Kraft Foods claiming that its Capri Sun beverages are not “all natural” because they contain citric acid and flavorings. “Simply put,”...
View Article21st Century Cures Bill Indicates Congressional Desire for Medical Device...
On July 10, 2015, the U.S. House of Representatives passed H.R. 6, commonly known as the 21st Century Cures Bill. While the broad scope of the bill deals with accelerating the discovery, development...
View ArticleA Novel Defense: The Truth
Tetley USA, Inc. is currently defending a false-labeling lawsuit in the Northern District of California (De Keczer v. Tetley USA, Inc., Docket No. 5:12-cv-02409-EJD), filed several years ago on the...
View ArticleCompany Tackles Food Labeling Limitations Proactively, But Loses
Typically, in the “Food Law” world, we see the FDA, state agencies, and consumer activists targeting food manufacturing companies through lawsuits alleging false or misleading labeling, hidden...
View ArticleFederal Legislation to Label GMOs Moves Through Senate
Back in June, a new Senate bill was proposed which would require food manufacturers to label products which contain genetically modified organisms (GMOs). As of last week, the bill has cleared the...
View ArticleNew FDA Regulations on E-Cigarettes Set to Take Effect
On May 3, 2016, the Food and Drug Administration expanded their reach to include the regulation of, among others, e-cigarettes and hookah tobacco. The FDA regulates “tobacco products,” defined to be...
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