Food & Beverage Litigation & Regulatory Update

Category: FDA

  • Agencies Schedule Public Meetings on Codex Positions

    The U.S. Department of Agriculture, Food and Drug Administration and the Agricultural Marketing Service will sponsor three meetings in September and October 2017 to provide information and receive comments on U.S. positions to be discussed at upcoming Codex Alimentarius Commission meetings. On September 1, the agencies will discuss U.S. positions for the Committee on Fresh…

  • FDA Announces Forthcoming Menu-Labeling Guidance

    U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb has announced that the agency will provide guidance on menu-labeling requirements before the end of 2017 in advance of the May 2018 compliance date. “This additional guidance will address concerns that were raised about challenges establishments faced in understanding how to meet their obligations under the…

  • Shook Attorneys Review “Regulatory Standoff” on Plant-Based Milks for Law360

    As plant-based beverages appear on more store shelves, the definition of “milk” has become the center of a dispute involving legislatures, regulators, litigators and industry groups. Shook Partners Katie Gates Calderon and Lindsey Heinz, with Associate Elizabeth Fessler, explain the debate in “Dairy Vs. Plant-Based ‘Milks’: A Regulatory Standoff.” While Canada and the EU have…

  • Advocacy Groups Battle Over Citizen Petition to Define “Milk”

    In the absence of action by the U.S. Food and Drug Administration (FDA), consumer-advocacy and dairy trade groups are disputing whether plant-based beverages, such as those made from soy or almonds, can be called “milk.” The Good Food Institute (GFI) sent a July 31, 2017, letter to FDA requesting action on a 1997 citizen petition…

  • Schumer Calls for Investigation into “Snortable Chocolate”

    Sen. Chuck Schumer (D-N.Y.) has urged the U.S. Food and Drug Administration to launch a formal investigation into “Coco Loko,” a “snortable chocolate” product that contains stimulants akin to those found in energy drinks. He argues that the product “isn’t even pure chocolate” and is “chock full of concentrated energy drink ingredients masked and marketed…

  • FDA Announces Upcoming Science Board Meeting

    The U.S. Food and Drug Administration (FDA) has announced it will hold a public advisory committee meeting of its Science Board on June 26, 2017, in Silver Spring, Maryland. The Science Board will hear an update on FDA’s biotechnology activities related to animals and plant­-derived food as well as a report from the National Antibiotic…

  • FDA Delays Compliance Date for Nutrition Facts Labeling

    The U.S. Food and Drug Administration (FDA) has announced that it will postpone the deadline for food companies to use a revised Nutrition Facts label on packaged foods and beverages that includes added­-sugar content and emphasizes calorie content. The FDA guidance document on the changes was updated to note that it received feedback from industry…

  • Advocacy Groups Sue FDA for Menu Info Delay

    The Center for Science in the Public Interest (CSPI) and National Consumers League have filed a lawsuit alleging the U.S. Food and Drug Administration’s (FDA’s) decision to delay implementation of rules requiring chain restaurants and food sellers to display nutritional information violated the Administrative Procedure Act. Ctr. for Sci. in the Pub. Interest v. Price, No. 17­-1085 (D.D.C., filed…