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Hawaiian style or made in Hawaii: Class action lawsuit highlights product origin labeling laws

March 2, 2021
A pile of Hawaiian-style bread rolls

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

We’ve got ‘beef’: Plant-based meat maker appeals decision in favor of Oklahoma’s new labeling law

January 13, 2021
Lab worker inspecting lab meat

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
A block of parmesan cheese and grated cheese

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
A package of ground beef with a nutrition label

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
A stick of butter with two slices cut out

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
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

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

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

Not so Wonderful: What the food industry can learn from Pom’s faulty health claims

July 18, 2016
Pom Wonderful FDA claims

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