Food & Beverage Litigation & Regulatory Update

Category: Issue 763

  • Foods Grown Hydroponically Can Be Labeled “Organic,” Court Affirms

    The National Organic Program can continue to include foods grown through hydroponics following a ruling from a California federal court holding that the U.S. Department of Agriculture (USDA) acted reasonably in concluding that the statutory scheme does not exclude hydroponics. Ctr. for Food Safety v. Perdue, No. 20-1537 (N.D. Cal., entered March 18, 2021). The…

  • Court Issues Injunction on Prop. 65 Acrylamide Enforcement Through Lawsuits

    A California federal court has ruled that the state “has not shown that the cancer warnings it requires are purely factual and uncontroversial” or “that Proposition 65 imposes no undue burden on those who would provide a more carefully worded warning.” Cal. Chamber of Com. v. Becerra, No. 19-2019 (E.D. Cal., entered March 29, 2021).…

  • FSIS Violated APA in Removing Pork Line Speed Limits, Court Rules

    A Minnesota federal court has ruled that the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) violated the Administrative Procedures Act (APA) when it adopted the New Swine Inspection System (NSIS), which eliminated line speed limits for pork processing. United Food & Com. Workers Union, Local 663 v. USDA, No. 19-2660 (D. Minn.,…

  • FDA Releases Plan for Reducing Infant Exposure to Heavy Metals

    The U.S. Food and Drug Administration (FDA) has released “Closer to Zero,” its action plan for reducing infants’ exposure to heavy metals following a Congressional report on toxic elements in baby foods. “Although the FDA’s testing shows that children are not at an immediate health risk from exposure to toxic elements at the levels found…

  • GAO Issues Report on Seafood Imports

    The U.S. Government Accountability Office (GAO) has issued “Imported Seafood Safety: FDA Should Improve Monitoring of Its Warning Letter Process and Better Assess Its Effectiveness,” finding that the U.S. Food and Drug Administration (FDA) was inconsistent in following key procedures and meeting goals for monitoring the importation of seafood. The report’s recommendation is that FDA…

  • Reintroduced Bill Would Change Alcohol Taxes on Kombucha

    U.S. Sen. Ron Wyden (D-Ore.) and Rep. Earl Blumenauer (D-Ore.) have reintroduced legislation that would “ensure that kombucha beverages are exempt from excise taxes and regulations intended specifically for beer and other alcoholic beverages,” according to a press release. The KOMBUCHA Act would increase the alcohol-by-volume level at which alcohol taxes would be applied to…