Food & Beverage Litigation & Regulatory Update

Category: Issue 645

  • Officials Call for Recreational Fishers’ Help After Salmon Farm Collapse

    Following the collapse of a salmon farm, the Washington Department of Fish and Wildlife has asked recreational fishers to help catch as many Atlantic salmon as possible. Cooke Aquaculture cited “exceptionally high tides and currents coinciding with this week’s solar eclipse” as the cause of the damage, which released an unknown number of farm-bred Atlantic…

  • Intentional Adulteration Guidance for Small Businesses Available

    The U.S. Food and Drug Administration has made available industry guidance titled “Mitigation Strategies to Protect Food Against Intentional Adulteration: What You Need to Know About the FDA Regulation: Small Entity Compliance Guide.” Comments on the guidance may be submitted at any time.   Issue 645

  • EPA Issues Working Guidance on Nanotechnology Reporting

    The U.S. Environmental Protection Agency (EPA) has issued working guidance on its Section 8(a) Information Gathering Rule on Nanomaterials in Commerce for the agency’s Final Nanotechnology Reporting and Record-Keeping Requirements Rule, which became effective August 14, 2017. The rule has been modified to eliminate: (i) exemptions for nanoclays, zinc oxide, nanocellulose and naturally occurring nanomaterials…

  • FDA Issues Guidance for Use of Ultrafiltered Milk in Cheese

    The U.S. Food and Drug Administration (FDA) has announced the availability of industry guidance titled, “Ultrafiltered Milk in the Production of Standardized Cheese and Related Cheese Products: Guidance for Industry.” The guidance advises manufacturers that FDA intends to exercise enforcement in the use of fluid ultrafiltered milk in cheese products.   Issue 645

  • Domestic Olive Producers Hurt by Spanish Imports, USITC Finds

    The U.S. International Trade Commission (USITC) has found a “reasonable indication” that domestic olive production has been injured by imports of Spanish olives sold at less than fair market value. In June 2017, two California olive producers filed a petition alleging that the imported olives, which are subsidized by the Spanish government, have damaged domestic…

  • 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…