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No preemption for you: “No preservatives” soup label lawsuit not preempted

December 2, 2020
A bowl of tomato soup and a grilled cheese sandwich

A federal judge recently held that false advertising claims related to a “no preservatives” claim on soup labels were not preempted. Although the result is not necessarily surprising, the presented a unique question of first impression. READ MORE

‘Boneless wings’ or ‘saucy nugs’: Viral video provides lesson on food labeling laws

September 9, 2020
Buffalo-style boneless wings on a plate with celery and ranch sauce

Though the jury is out on whether “boneless wings” are appropriately named, one thing is certain – food industry companies must be vigilant in monitoring food labeling regulations to avoid litigation, regulatory scrutiny or simply bad press. READ MORE

FDA and OSHA publish pandemic checklist to assist food industry

August 25, 2020
Photo of commercial kitchen with chefs blurred from movement

On August 19, the U.S. FDA and OSHA published a checklist entitled “Employee Health and Food Safety Checklist for Human and Animal Food Operations During the COVID-19 Pandemic.” While the checklist is not exhaustive and does not create new legal obligations, it pulls from existing guidance provided by the FDA, the CDC and OSHA to serve as a quick reference to help the food industry. READ MORE

Avoiding claims of deceptive advertising for COVID-19-related products

April 6, 2020
A hand getting hand sanitzer from a bottle

As businesses pivot to manufacture much-needed health and safety items such as masks, hand sanitizer and disinfectant wipes, they should also be diligent in consulting with their attorneys to avoid claims of deceptive advertising for COVID-19-related products. READ MORE

FDA: Restaurants can omit Nutrition Facts label on packaged food during COVID-19

March 31, 2020
restaurant table

On March 26, 2020, the FDA issued temporary guidance regarding nutrition labeling of certain packaged foods during the COVID-19 public health emergency. In the guidance, the FDA advises that it does not intend to object to the sale by restaurants of food packaged and sold without Nutrition Facts labels. READ MORE

COVID-19: How FDA-regulated food and beverage companies can make hand sanitizer

March 25, 2020
Close-up shot of the back of a bottle of hand sanitzer

During the COVID-19 outbreak, many companies may be interested in retrofitting their production facilities to help provide medical supplies and/or cleaning supplies. The FDA has issued a temporary policy allowing companies to produce alcohol-based hand sanitizer, so long as a number of important conditions are met. READ MORE

USDA, FDA announce joint effort to regulate ‘cell-cultured food products’ from meat and poultry

November 21, 2018
lab work with cells

On November 16, 2018, the USDA and FDA announced their intention to “jointly oversee the production of cell-cultured food products derived from livestock and poultry.” In this framework, the FDA would oversee cell collection, cell banks, cell growth and cell differentiation. The USDA would then oversee the production and labeling of the food products. READ MORE

Labeling of meat at ‘steak’ in constitutional challenge to Missouri law

November 5, 2018
Lab worker inspecting lab meat

A lawsuit is challenging Missouri’s recent law criminalizing the labelling of lab-grown animal cell foods as “meat.” The outcome could have significant effects on the food and livestock industries, and the ability of cell-based meat producers to market their products to consumers. READ MORE

FDA puts liquid nitrogen use on ice in new Food Code interpretation

November 1, 2018
Ice cream prepared with liquid nitrogen

The FDA has issued a warning for businesses regarding the handling and consumption of food prepared with liquid nitrogen or dry ice, accompanied by new guidelines worth following. READ MORE

NY judge serves up spicy ruling: ‘All natural’ claims not preempted by bioengineered food disclosure law

August 21, 2018
Spices in jars and in small piles

Claiming food is “all natural” while still containing GMOs, at least in New York, is a risky choice. We explain why a spice company’s defense against a labeling claim fell flat – and how it found cover behind the FDA’s still-in-limbo guidance for what makes a product “natural.” READ MORE

Can almonds lactate? Standards of identity and why the FDA may soon target makers of milk substitutes

August 13, 2018
Photo of almond milk in a bottle, next to almonds

The FDA’s rule on what defines “milk,” and whether or not they enforce it, could lead to a sour situation. READ MORE

The U.S. is one step closer to GMO food labeling

May 11, 2018
gmo-labeled-fruit

The USDA published long-awaited proposed rules for the National Bioengineered Food Disclosure Standard. Here’s what food companies need to know. READ MORE

Class cert denied in baby food false labeling case: faulty regression model to blame

February 23, 2018
labeling_17899771851_o

Since the decision in Comcast Corp. v. Behrend, lawyers have been clamoring to find a regression model that will support class-wide damages and help them clear the class certification hurdle. READ MORE

New actions based on ‘nothing artificial’ labels may be halted as FDA redefines ‘natural’

December 5, 2016
Food Fight_default blog

On September 30, 2016, the Eastern District of Missouri stayed the Thornton action pending resolution of FDA proceedings to define the term “natural” on food labels. READ MORE

Missouri appellate court rejects ‘ingredient list’ defense in food labeling case

November 9, 2016
people mixing cake batter

The Missouri Court of Appeals’ decision in Murphy is important for the dozens of putative MMPA food labeling class actions pending in the state. The decision broadly expands the scope of commercial speech for which product manufacturers are potentially liable under the MMPA. READ MORE

Ninth Circuit holds juries can decide the definition of ‘natural’

October 6, 2016
Food Fight_default blog

The 9th Circuit Court of Appeals says juries will decide whether “natural” label is misleading where food contains synthetic citric or ascorbic acids – Chad v. Brazil in a nutshell. READ MORE

Empty spaces causing big problems: the rise of slack-fill litigation

September 19, 2016
Food Fight_default blog

A growing trend of cases claims that allegedly deceptive product packaging can cause consumers to believe they are receiving more food or drink than what they are actually receiving. READ MORE

FDA dishes out major regulatory challenges for food industry in 2016

January 27, 2016
apple and globe

As the FDA continues to intensify its enforcement over its regulated industries, food companies should prepare now to manage their risk by developing and implementing a set of strict compliance programs to avoid enforcement action. READ MORE

Welcome to the Food Fight Law Blog

December 2, 2015
Food Fight_default blog

Covering the “Food Fight,” the blog will share timely insights into litigation trends, emerging arguments, and challenges facing the food and agriculture industries. The blog will also cover decisions regarding expert witnesses in food and agriculture litigation and relevant scientific articles. READ MORE