A recent class action disputes whether King’s Hawaiian rolls are appropriately named because they are not actually made in Hawaii. The question can be resolved by looking to federal and state law on product labeling. READ MORE
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Hawaiian style or made in Hawaii: Class action lawsuit highlights product origin labeling laws
March 2, 2021
We’ve got ‘beef’: Plant-based meat maker appeals decision in favor of Oklahoma’s new labeling law
January 13, 2021
A federal court refused to block Oklahoma’s new law requiring disclaimers on plant-based meat products, prompting an appeal to the Tenth Circuit and continuing the fight between the meat industry and plant-based food companies. READ MORE
Seventh Circuit rejects 'ingredient list' and 'common sense' defenses in cheese labeling lawsuit
December 10, 2020
In a much anticipated decision, the Seventh Circuit reversed a district court’s dismissal of claims alleging that “100% Grated Parmesan Cheese” claims on packaging are deceptive. READ MORE
Made in the USA: False US-origin labeling class actions dismissed
October 1, 2020
Last month, the District of New Mexico dismissed two proposed class action lawsuits accusing four food industry giants of falsely labeling beef products as “Product(s) of the USA.” Food industry companies must be vigilant in monitoring food labeling regulations to avoid litigation and regulatory scrutiny. READ MORE
‘Butter’ believe it: Federal court makes decision in vegan dairy label fight
September 24, 2020
The vegan and plant-based food industry has had an important win over the use of dairy terminology after. A Federal court granted Miyoko’s Kitchen Inc.’s motion for a preliminary injunction to prevent the State of California from taking enforcement action relating to use of the terms “butter”, “lactose-free” and “cruelty-free.” READ MORE
‘Boneless wings’ or ‘saucy nugs’: Viral video provides lesson on food labeling laws
September 9, 2020
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
USDA, FDA announce joint effort to regulate ‘cell-cultured food products’ from meat and poultry
November 21, 2018
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
NY judge serves up spicy ruling: ‘All natural’ claims not preempted by bioengineered food disclosure law
August 21, 2018
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
Not so Wonderful: What the food industry can learn from Pom’s faulty health claims
July 18, 2016
In recent years, federal regulators have been closely monitoring the grocery aisle, ready to pounce on any product advertising unsubstantiated or sketchy health or disease-prevention benefits. No example of that increased policing is more instructive than the five-year regulatory and legal battle endured by POM Wonderful LLC (“POM”) over its line of pomegranate juices and supplements. READ MORE