Food & Beverage Litigation & Regulatory Update

Category: Legislation, Regulations and Standards

  • Senate Bill Would Allow Sales of Local Meat Across State Lines

    U.S. Sens. Mike Rounds (R-S.D.) and Angus King (I-Maine) have introduced a bill that “would allow meat and poultry products inspected by state Meat and Poultry Inspection (MPI) programs to be sold across state lines,” according to a press release. The senators assert that although the inspection programs of 27 states meet or exceed federal…

  • FDA Issues Supplemental Guidance for Menu Nutrition Labels

    The U.S. Food and Drug Administration (FDA) has announced the availability of “Menu Labeling: Supplemental Guidance for Industry,” which includes an advisory of FDA’s intent to exercise discretion regarding nutrient declarations for calories from fat. FDA has taken this position “because the current science supports a view that the type of fat is more relevant…

  • USDA Releases Proposed Bioengineered Ingredients Standard

    The Agricultural Marketing Service (AMS) of the U.S. Department of Agriculture (USDA) has released the proposed National Bioengineered Food Disclosure Standard, which would establish “a mandatory uniform national standard for disclosure of information to consumers.” The proposal defines “bioengineered food” as food “that contains genetic material that has been modified through in vitro recombinant deoxyribonucleic…

  • FDA Extends Compliance Dates For Updated Nutrition Labels

    The U.S. Food and Drug Administration (FDA) has extended the compliance date for its changes to food nutrition labels. The extension applies to rules on (i) providing updated nutrition labeling on food; (ii) defining a single-serving container; (iii) requiring dual-column labeling for certain containers; (iv) updating, modifying and establishing certain reference amounts customarily consumed; and…

  • Hawaii To Ban Chlorpyrifos, Restrict Pesticide Use Near Schools

    The Hawaii Legislature has passed a bill banning the use of pesticides containing chlorpyrifos and prohibiting restricted-use pesticides near schools. The legislation would prohibit the use of chlorpyrifos beginning January 1, 2019, but allow for the grant of temporary extensions through 2022. Hawaii’s Department of Agriculture will also be required to produce a summary of pesticide use by…

  • NAD Finds Perdue “Free Range,” “All-Veggie” Ads Misleading

    The National Advertising Division (NAD) has recommended that Perdue Farms Inc. modify or discontinue broadcast and YouTube advertisements for the company’s Harvestland Organic chicken, finding the ads could mislead consumers into believing all Perdue chicken is organically raised. NAD found that the company’s “Free Range” and “All-Veggie Diet” ads featured “general brand references” to Perdue but…

  • USDA Proposes Amendment to Allowed Organic Substances in Livestock

    The U.S. Department of Agriculture (USDA) has proposed amending the National List of Allowed and Prohibited Substances to approve elemental sulfur for use in organic livestock production as a topical parasiticide for fleas, ticks and mites. The proposal would also reclassify potassium acid tartrate from a non-agricultural substance to an agricultural substance and require use of…

  • FDA Changes Common Name for Crabmeat

    The U.S. Food and Drug Administration (FDA) has announced a change to the common name “brown king crabmeat,” derived from Lithodes aequispinus. Effective May 3, 2018, the common and usual name for crabmeat previously described as “brown king crabmeat” has been changed to “golden king crabmeat.” The compliance date for the changes is January 1, 2020.