Food & Beverage Litigation & Regulatory Update

Category: Issue

  • FDA Launches Food Traceability Challenge

    The U.S. Food and Drug Administration (FDA) has “launched a challenge to spur the development of affordable, tech-enabled traceability tools to help protect people and animals from contaminated foods by enabling the rapid identification of their sources and helping remove them from the marketplace as quickly as possible.” The agency has asked “food technology solution…

  • JBS Targeted by Cybercriminal Group

    A Russian cybercriminal group known as a “ransomware as a service” organization attacked JBS SA, the world’s largest meat processor, according to the FBI. The attack led several of the company’s meat processing plants to halt production for several days. While JBS is “the largest food manufacturer yet to be hit by ransomware,” according to…

  • FDA Issues Compliance Guide on Aflatoxins

    The U.S. Food and Drug Administration (FDA) has issued a compliance policy guide on aflatoxins in human food. “Aflatoxins may occur in food as a result of mold growth in susceptible raw agricultural commodities,” the guide explains. “The growth of molds that produce aflatoxins is influenced by environmental factors such as temperature, humidity, and extent…

  • Report Examines Rise of Class Actions in New York

    Shook Partner Cary Silverman has authored a report exploring the rise in class actions filed in New York, which, he explains, “is largely a result of lawsuits targeting businesses that sell food and beverages.” Class Action Chaos: The Rise of Consumer Class Action Lawsuits in New York, created in partnership with the New York Civil…

  • Additional Probes, Lawsuits Announced on Toxic Elements in Baby Food

    New York Attorney General Letitia James has announced a probe into whether baby food contains toxic elements such as arsenic and other metals. In a press release, James said, ““Baby food manufacturers have a legal and moral obligation to ensure the safety of their products, and provide peace-of-mind to the parents who rely on their…

  • EU Study Finds GMO Legislation Not Fit for Purpose

    An EU study has examined New Genomic Techniques (NGTs), which can create genetically modified organisms (GMOs), and their potential effects on creating a sustainable food system in Europe. In a press release, Commissioner for Heath and Food Safety Stella Kyriakides said, “The study we publish today concludes that New Genomic Techniques can promote the sustainability…

  • EU Court Rules Organic Food Cannot Contain Added Red Algae to Boost Calcium Content

    The European Court of Justice has ruled that alga Lithothamnium calcareum cannot be used in the production of food labeled as organic for the purposes of adding calcium. Natumi GmbH v. Land Nordrhein-Westfalen, No. C‑815/19 (E.C.J., entered April 29, 2021). Natumi GmbH manufactured a drink labeled as organic that is marketed as calcium-rich because of its…

  • Pancake Mixes Overcount Protein, Plaintiffs Allege

    According to a putative class action complaint, Kodiak Cakes LLC and Baker Mills Inc. deliberately mislead consumers by labeling Kodiak Cakes pancake and waffle mixes as containing 14 grams of protein despite allegedly containing only 11.5 grams. Hinkley v. Baker Mills Inc., No. 21-221 (D. Utah, filed April 13, 2021). “Consumers are increasingly health conscious…