Food & Beverage Litigation & Regulatory Update

Category: Issue 347

  • Fourth Circuit Upholds Alcohol Ad Restrictions in Virginia’s College Publications

    The Fourth Circuit Court of Appeals has turned aside a First Amendment challenge to a state law restricting advertisements for alcoholic beverages in college student publications. Educ. Media Co. v. Swecker, No. 08-1798 (4th Cir., corrected decision filed April 19, 2010). The restrictions at issue did not allow advertisements for alcohol in any college publication…

  • U.S. Supreme Court Considers GE Alfalfa Dispute

    Oral argument in litigation over whether the U.S. Department of Agriculture (USDA) properly deregulated a genetically engineered (GE) alfalfa seed took place before the U.S. Supreme Court on April 27, 2010. Monsanto Co. v. Geertson Seed Farms, No. 09-475 (U.S.). The Ninth Circuit imposed a ban on use of the GE seed until the USDA…

  • Santa Clara County, California, Bans Toys in Restaurant Meals

    The California county that helped lead the national push for menu labeling has reportedly approved an ordinance (NS-300-820) that would prohibit restaurants from using “incentive items” to promote meals deemed high in calories, salt or fat. The Santa Clara County Board of Supervisors apparently voted 3-2 on April 27, 2010, to set nutritional standards for…

  • U.S. Customs and CPSC Team Up on Import Safety

    The U.S. Customs and Border Protection (CBP) and the Consumer Product Safety Commission (CPSC) have apparently agreed to share safety information on imported goods, including foods and pharmaceuticals. The two agencies on April 26, 2010, signed a memorandum of understanding that grants CPSC “the capability to conduct import safety risk assessments and perform targeting work…

  • Milk Interests Petition FDA to Stop Use of Dairy Terminology on Imitation Products

    The National Milk Producers Federation has filed a petition with the Food and Drug Administration (FDA), calling on the agency to “significantly increase enforcement efforts to prevent the misbranding of certain food items that are imitations of standardized dairy products.” The federation claims that soy-, hemp-, almond- and rice-based products are marketed to consumers as…

  • FDA Seeks Input on Front-of-Pack Labeling

    The Food and Drug Administration (FDA) has established a docket to obtain comments and other data related to point-of-purchase nutrition information, including front-of-pack (FOP) labeling and shelf tags. According to an April 29, 2010, press release, FDA wants to learn more about (i) “the extent to which consumers notice, use and understand nutrition symbols” on…

  • FSIS Food Safety Regulatory Initiatives Lag in Absence of Agency Head

    Without a Senate-confirmed leader for the U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS), target dates for ongoing rulemakings have apparently slipped in recent months. In January 2010, President Barack Obama (D) nominated Elisabeth Hagen to serve as USDA’s Under Secretary of Agriculture for Food Safety, but the Senate has failed to…

  • USDA Organics Program Changes Course on DHA and ARA in Infant Formula

    The U.S. Department of Agriculture’s (USDA’s) National Organic Program (NOP) has announced that its 2006 decision approving the fortification of organic infant formula and organic milk products with synthetic omega-3 fatty acid DHASCO (DHA) and omega-6 fatty acid ARASCO (ARA) resulted from an incorrect interpretation of nutritional guidelines and NOP board recommendations. Thus, DHA and…