Food & Beverage Litigation & Regulatory Update

Category: Issue 739

  • What the FDA Requires for Food Safety During the COVID-19 Pandemic

    By Shook Of Counsel John Johnson The U.S. Food and Drug Administration’s (FDA) regulatory requirements for food companies, including manufacturers and importers, remain largely unchanged during the COVID-19 outbreak. However, COVID-19 is disrupting plant operations and supply-chains, which companies must be mindful of as they continue to function within the regulatory requirements: Food safety remains…

  • Second Circuit Affirms “Angus Beef” Challenge Dismissal

    The U.S. Court of Appeals for the Second Circuit has affirmed a lower court’s dismissal of a putative class action alleging Dunkin’ Brands Inc. misled consumers about the cuts of meat in its “Angus” line of products. Chen v. Dunkin’ Brands Inc., No. 18-3087 (2nd Cir., entered March 31, 2020). The plaintiffs argued that Dunkin…

  • Humane Society Challenges USDA Pandemic Standards for Bird Flu Mitigation

    The Humane Society of the United States (HSUS) has filed a lawsuit arguing that a 2015 assessment issued by the U.S. Department of Agriculture (USDA) “ignores the most logical alternative” in determining the national approach to combating avian influenza in poultry-production facilities. Humane Society of U.S. v. USDA, No. 20-3258 (C.D. Cal., W. Div., filed…

  • Farmworker Labor Unions Sue Washington for Inadequate COVID-19 Protections

    Multiple labor unions have reportedly filed a lawsuit alleging that Washington’s Departments of Health and Labor & Industries failed to provide guidance that would protect farmworkers from increased risks of COVID-19 infection. The unions seek an injunction that would require the agencies to expedite oversight through emergency rulemaking. “Lack of enforceable rules regarding social distancing,…

  • WHO, Governments Issue Advice on Food Safety During COVID-19 Pandemic

    The World Health Organization (WHO) has issued “COVID-19 and food safety: guidance for food businesses,” which provides information on the risks of transmission of COVID-19 in the food and beverage industry. “It is highly unlikely that people can contract COVID-19 from food or food packaging,” the guidance states. “Coronaviruses cannot multiply in food; they need…

  • FDA Warns CBD Sellers for COVID-19 Claims

    The U.S. Food and Drug Administration has urged several sellers of products with cannabidiol (CBD) to stop marketing their products as able to treat or prevent COVID-19. The letters, sent by the Center for Drug Evaluation and Research (CDER), emphasize that “FDA is taking urgent measures to protect consumers from certain products that, without approval…

  • California to Provide Food Industry Employees with Paid Sick Leave

    California Governor Gavin Newsom has announced that the state will provide workers in the food sector—including farmworkers and employees at grocery stores and fast food restaurants—with two weeks of paid sick leave. The order aims to “fill[] a gap left by federal relief that had provided similar paid leave benefits for employers with fewer than…