Food & Beverage Litigation & Regulatory Update

Category: Issue

  • FDA Commissioner Scott Gottlieb To Resign

    U.S. Food and Drug Administration (FDA) Commissioner Scott Gottlieb has indicated that he will resign by the end of March 2019. Gottlieb reportedly said that he no longer wanted to commute between Washington, D.C., and Westport, Connecticut, where his family lives. Commentators have speculated that Gottlieb’s departure may affect FDA initiatives, such as its planned…

  • USDA To Hold Listening Session on Hemp Cultivation

    The U.S. Department of Agriculture (USDA) has announced an online listening session to hear public input about “a new program to regulate hemp production.” The agency’s Agricultural Marketing Service (AMS) will host the webinar on March 13, 2019, with registration required by March 11 to speak during the session. “The Secretary of Agriculture and the…

  • USDA, FDA to Jointly Oversee Cell-Based Meats

    The U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) have announced “a formal agreement to jointly oversee the production of human food products derived from the cells of livestock and poultry.” The agreement “describes the oversight roles and responsibilities for both agencies and how the agencies will collaborate to regulate the development…

  • Bill Clarifying Slack-Fill Uses Introduced in Missouri

    A Missouri state senator has introduced legislation that would clarify when slack fill is allowable in food containers. The bill would prohibit slack fill from being deemed as misleading for eight reasons, including (i) protection of the contents, (ii) reasonable industry standards, (iii) a specific function provided by the package, (iv) value added by the…

  • CSPI Files FOIA Request on Salmonella Outbreak Sources

    The Center for Science in the Public Interest (CSPI) has filed a Freedom of Information Act (FOIA) request seeking to identify the poultry-production plants associated with an outbreak of Salmonella. CSPI requested that the U.S. Department of Agriculture (USDA) deliver information on the “name, address, establishment number, and date of positive sample(s)” for poultry products…

  • CBD, FSMA, Class Actions Among Topics at GMA Conference

    Class action litigation, the legal landscape for cannabis and the evolving implementation of the Food Safety Modernization Act (FSMA) were trending topics at the 2019 Grocery Manufacturers Association (GMA) Legal Conference. Numerous panels at the conference focused on emerging issues affecting the industry and anticipated trends moving forward, including implications of whole genome sequencing; how…

  • Government Urges Court to Reject Lenny & Larry’s Settlement

    The federal government has filed a statement of interest in a lawsuit alleging that Lenny & Larry’s Inc. misled consumers as to the amount of protein in its cookies. Cowen v. Lenny & Larry’s Inc., No. 17-1530 (N.D. Ill., E. Div., filed February 15, 2019). The statement argues that the settlement is a marketing opportunity…

  • Lawsuit Challenges Certification of “San Marzano” Tomatoes

    A consumer has filed a putative class action alleging that Cento Fine Foods Inc. misleadingly markets its tomatoes as “Certified San Marzano” without having the proper certification. Sibrian v. Cento Fine Foods Inc., No. 19-0974 (E.D.N.Y., filed February 19, 2019). San Marzano tomatoes are grown vertically with supports in San Marzano sul Sarno in Italy,…