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On May 4, 2018, the USDA’s Agricultural Marketing Services (AMS) published a proposed rule for the National Bioengineered Food Disclosure Standard, adding two more acronyms to your database: NBFDS (the law itself) and BE. BE is short for bioengineered, and is used as the text portion of the symbol companies may use for their bioengineered food disclosure option. READ MORE
The federal district court for the Northern District of California recently dismissed a putative class action lawsuit, which alleged that Horizon Organic milk containing “DHA” violated California’s unlawful and unfair business practices laws. READ MORE
The Ninth Circuit Court of Appeals recently affirmed dismissal of a putative class action against Starbucks relating to the amount of liquid in its various-sized tea, coffee, and specialty drinks. READ MORE
Facing a consumer fraud lawsuit based on your product’s “non-GMO” or “GMO-free” labeling? The USDA’s forthcoming rules on the National Bioengineered Food Disclosure Standard may impact your defense. READ MORE
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
The ingredient list defense is not always successful at shielding food manufacturers from liability, but some recent defense wins caution against abandoning the strategy altogether. READ MORE
As food, beverage, and agribusinesses eagerly await the proposed rule on disclosure standard and labeling procedures for bioengineered foods — due in July 2018 — it’s worth reviewing the efforts of the USDA’s Agricultural Marketing Services (AMS) toward determining when and how genetically engineered foods must be disclosed. READ MORE
The 9th Circuit concluded that rather than being “purely factual and uncontroversial,” the warning requires advertisers to convey San Francisco’s disputed policy views, which unduly burdens and chills protected commercial speech. READ MORE
The 9th Circuit affirmed the dismissal of a food labeling lawsuit against Ocean Spray alleging that juice drinks featuring “No Sugar Added” labels were misleading without a disclaimer that the drinks were not low calorie. READ MORE
Critics of the lawsuit insist the lawsuit has wasted time and money that could have been used on real solutions such as watershed planning, increasing cover crop planting, and reducing tillage. READ MORE
Early adopters of commercial unmanned aircraft systems (“sUAS” or “drones”) technology have realized that drones help them do their jobs more efficiently and effectively. READ MORE
The Trump Administration’s latest executive orders have effectively prevented the USDA from promulgating rules on GMO food labeling, throwing a wrench in the agency's anticipated plans to give more direction to the food industry about the labeling of bioengineered foods. READ MORE
Our Life Sciences Decoded blog takes a look at the year ahead for food safety. Several new rules under the Food Safety Modernization Act have triggers for compliance in 2017 which will affect how the food industry does business. READ MORE
Has a recent food safety law provided a roadmap to plaintiffs on how to bring successful products liability and unfair trade practices lawsuits against food companies? Our Life Sciences Decoded blog takes a look. READ MORE
Packaged goods companies beware of new state court lawsuits alleging excessive empty space. READ MORE
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
As they once did with the tobacco industry, public health researchers are analyzing internal sugar industry documents for evidence of attempts to influence policy and more. Food and beverage makers should be on high alert. READ MORE
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
While industry consolidation may breed increased productivity and higher profit margins, it can also result in antitrust (and securities) litigation. READ MORE
The guidance also provides specific examples of documentation necessary to substantiate certain claims related to (1) animal age, (2) animal welfare and environmental stewardship, (3) breed, (4) diet, (5) living/raising conditions, (6) raised without antibiotics, (7) raised without hormones, (8) source/traceability, and (9) third-party certification. READ MORE
Here are some top takeaways from the American Agricultural Law Association Symposium. The symposium covered a wide range of legal topics (including ag finance and collateral, veterinary feed laws, animal and human food safety, mergers and antitrust concerns, and many more topics). READ MORE
The court reasoned that even a child would know that including ice in a serving cup decreases the amount of beverage included in the cup. READ MORE
A federal court in Missouri allows deceptive trade practice claim based on “nothing artificial” label to proceed to discovery. READ MORE
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
“From The Ground Up: A Hands-On Seminar for Agribusiness Professionals” was designed to give busy professionals a deeper understanding of the challenges facing farmers. Program participants had the opportunity to step out of their corporate role for the day, learn about numerous aspects of farming from experienced professionals and play the role of a farmer working to build and run a Midwestern corn or soybean farm. READ MORE
Marentette and Quesada reach opposite conclusions and symbolize two sides of the same implied preemption coin. READ MORE
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
On Friday, July 29, the President signed into law a bill amending the Agricultural Marketing Act of 1946 to insert a provision requiring disclosure (i.e., labeling in some manner) of bioengineered foods. READ MORE
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
San Francisco’s ordinance targeting added sugar has the potential to leave a bad taste in the mouth of beverage makers and other product advertisers across the nation after a federal judge in California upheld a particularly onerous labeling mandate for sugar-sweetened drinks. READ MORE
The court reasoned that since the Ordinance regulates GE crops in order to prevent them from “contaminating” or “damaging” non-GE crops, then it is necessarily attempting to regulate what it considered a “plant pest” or “noxious weed.” READ MORE
The Sanitary Transport Rule is different from the others passed so far under the FSMA, as it is focused on ensuring that food and food ingredients are properly transported “from farm to table” to ensure that contamination and adulteration are avoided en route and applies to both human and animal food. READ MORE
In late 2015, the California Supreme Court considered the narrow question of whether federal law preempts a state false advertising claim that a certified grower of organic food intentionally mislabeled a conventional product as organic. In this narrow circumstance, the Court answered: “no.” READ MORE
A U.S. Supreme Court decision March 22 stemming from a suit by employees of a pork processing plant in Iowa leaves open key questions about whether a class may rely on “trial by formula” to establish class-wide liability. READ MORE
The EPA asked the 9th Circuit to vacate its own prior decision to register Dow’s herbicide, Enlist Duo. The 9th Circuit recently denied that request and remanded the case to the EPA. The 9th Circuit’s order was short — only three sentences long. READ MORE
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
“Beef. It’s what’s for dinner.” “The incredible, edible egg.” “Got milk?” We’ve all seen the ads, but have you ever wondered who is behind these enduring taglines? The answer lies in government promotional programs for agricultural products. Both the federal and state governments collect fees, commonly known as “checkoffs,” on agricultural goods. Those fees are used to promote various agricultural products, expanding the market for such products and benefiting all producers. The fees are also used for research and development. READ MORE
In an unsettling reversal, on November 24, 2015, the EPA filed a motion for voluntary vacatur and remand of its registration of Enlist Duo after apparently reviewing a patent application Dow filed back in December 2014. READ MORE
Added sugar is a particular target of the public health community and the media. The United States Food and Drug Administration has recently announced a proposal that would not only require “added sugars” on the Nutrition Facts label of packaged food, but would also include the percent daily value (%DV) for added sugars, as well. READ MORE
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
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