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

Kim Bousquet 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

Kim Bousquet 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

Kim Bousquet 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

Kim Bousquet 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. Kim Bousquet explains 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

Kim Bousquet 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

Kim Bousquet 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

Kim Bousquet 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

Heather Counts 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’

Kim Bousquet 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

Diane Romza-Kutz 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