Food & Beverage Litigation & Regulatory Update

Category: FDA

  • U.S. Government Sues Wholesome Soy Products over Listeria Outbreak

    Attorneys in the U.S. Department of Justice and U.S. Department of Health and Human Services have filed a lawsuit against Wholesome Soy Products to permanently enjoin the company, its owner and manager from causing food to become adulterated under the Federal Food, Drug, and Cosmetic Act (FDCA) after government agencies allegedly linked the company’s facilities…

  • FDA Science Forum to Target Role of Scientific Research in Regulatory Decision Making

    The U.S. Food and Drug Administration (FDA) will host a public workshop titled “FDA Science Forum 2015” on May 27-28 in Silver Spring, Maryland. The focus of the event will be highlighting science conducted at FDA, the role that research plays in informing regulatory decision making and providing a forum for collaborations with external organizations.…

  • FMSA Implementation Strategies Focus of Upcoming FDA Meeting

    The U.S. Food and Drug Administration (FDA) has established a docket for comments related to the agency’s implementation of food safety standards mandated under the Food Safety Modernization Act (FMSA) and announced an April 23-24, 2015, public meeting in Washington, D.C., to solicit input about operational work plans. Operational work plan discussions will focus on…

  • Teen’s Family Sues Amazon for Wrongful Death After Caffeine Overdose

    The estate of Logan Stiner, an Ohio teenager who died in May 2014 after ingesting pure caffeine powder purchased from Amazon, has filed a lawsuit against the online retailer and the companies that manufacture and market the powder. Stiner v. Amazon.com Inc., No. 15CV185837 (C.P. Lorain Cty., filed March 6, 2015). According to the complaint,…

  • Labeling Dispute over “Milk Protein Concentrate” in Yogurt Dismissed

    A California appeals court has affirmed a lower court’s ruling dismissing a putative class action alleging that Safeway misbranded its Lucerne-brand of Greek yogurt because U.S. Food and Drug Administration (FDA) regulations prohibit the use of “milk protein concentrate” (MPC) in foods labeled as yogurt. Tamas v. Safeway, Inc., No. RIC1206341 (Cal. Ct. App., 4th…

  • Shook Attorneys Discuss False Labeling Claims Based on Alleged Product Testing in Law360

    In a recent article for Law360, Shook, Hardy & Bacon Class Actions & Complex Litigation Co-Chair Jim Muehlberger and Agribusiness & Food Safety Associate Jeff Lingwall discuss the new wave of putative class action litigation against food and nutraceutical companies brought by plaintiffs bearing product test results that allegedly indicate deviations from labeled amounts. They…

  • U.S. Lawmakers Reintroduce Legislation Mandating GE Labeling for Food

    U.S. Sens. Barbara Boxer (D-Calif.), Richard Blumenthal (D-Conn.) and Rep. Peter DeFazio (D-Ore.) have reintroduced a proposed bill that would require the Food and Drug Administration to initiate labeling rules for foods that contain genetically engineered (GE) ingredients. “Some in the food and chemical industry say adding this very small piece of information to food…

  • FDA Says Dark Chocolate May Contain Undeclared Milk

    The U.S. Food and Drug Administration (FDA) has issued the results of a study finding that dark chocolate products may contain milk that is not declared on other labels. According to a February 11, 2015, consumer update, the agency tested dark chocolate bars for the presence of milk after dividing them into categories based on…