Category: Issue 775
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Ninth Circuit Upholds Injunction on California Acrylamide Warning
The Ninth Circuit Court of Appeals has found that the district court did not abuse its discretion in granting a preliminary injunction blocking a requirement to warn California consumers about the presence of acrylamide in food and beverage products. Cal. Chamber of Com. v. Council for Education and Research on Toxics, No. 19-2019 (9th Cir.,…
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Chocolate Lawsuit Preempted by FDCA, Court Rules
An Illinois federal court has dismissed a lawsuit alleging Dreyer’s Grand Ice Cream Inc. misled consumers by describing its ice cream bars as coated in milk chocolate when the chocolate contained coconut oil. Zurliene v. Dreyer’s Grand Ice Cream Inc., No. 21-0747 (S.D. Ill., entered March 17, 2022). The complaint, brought under the Illinois Consumer Fraud…
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Johnson to Present a Year in Review on Food and Dietary Supplement Regulations
Shook Of Counsel John Johnson III will co-present “Food and Dietary Supplement Regulation Year-in-Review” on Wednesday, March 30, 2022, at the Food and Dietary Supplement Safety and Regulation Conference. The conference, which takes place March 30-31, will be presented virtually by the Food and Drug Law Institute. “This session will recap the most significant recent…
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FDA to Research Use of “Healthy” Symbol
The U.S. Food and Drug Administration (FDA) has announced that it will conduct quantitative consumer research on the use of “voluntary symbols that could be used in the future to convey the nutrient content claim ‘healthy.’” The agency is simultaneously “developing a proposed rule that would update when manufacturers may use the ‘healthy’ nutrient content…
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Yogurt Standard of Identity Updated to Allow for Technological Advancements
The U.S. Food and Drug Administration (FDA) has issued a final rule amending the acceptable qualities of food labeled as yogurt. Under the rule, the standards of identity for lowfat and nonfat yogurt will be combined with the general definition; in addition, the list of allowable ingredients has expanded to include additional substances such as…
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Codex Meeting on Food Contaminants Scheduled
The U.S. Department of Agriculture has announced a public meeting scheduled for April 19, 2022, to discuss U.S. positions for the meeting of the Codex Committee on Contaminants in Foods of the Codex Alimentarius Commission. Issues to be discussed include: “Maximum level for cadmium in cocoa powder (100% total cocoa solids on a dry matter…