Food & Beverage Litigation & Regulatory Update

Category: U.S. Government and Regulatory Agencies

  • USDA Finalizes Salmonella and Campylobacter Standards for Poultry

    The U.S. Department of Agriculture (USDA) has finalized standards that seek to reduce Salmonella and Campylobacter in ground chicken and turkey products, as well as raw chicken breasts, legs and wings. Part of the Food Safety and Inspection Service’s (FSIS’) effort to revamp the poultry inspection system, the new rules require routine sampling throughout the…

  • U.S. Codex Delegates Schedule Food Additives Meeting

    The U.S. Department of Agriculture’s Office of the Under Secretary for Food Safety and the U.S. Food and Drug Administration are convening a February 16, 2016, public meeting in College Park, Maryland, to discuss draft U.S. positions for consideration at the 48th Session of the Codex Committee on Food Additives (CCFA) in Xi’an, China, on…

  • USDA and HHS Unveil 2015-2020 Dietary Guidelines for Americans

    The U.S. Departments of Agriculture (USDA) and Health and Human Services (HHS) have published the 2015-2010 Dietary Guidelines for Americans, which now emphasize overall dietary patterns as opposed to nutrient quotas. Explaining that “people do not eat food groups and nutrients in isolation but rather in combination,” the guidelines offer the following “overarching” recommendations: (i)…

  • Ad Board Allows String Cheese Maker to Continue Claims

    The National Advertising Division (NAD), an arm of the advertising industry’s self-regulation system, has concluded Saputo Cheese, USA, Inc. can support its claims that its string cheese is “natural” and “low-moisture part-skim mozzarella cheese” despite challenger Lactalis American Group’s argument that Saputo’s products contain artificial phosphate and fillers. Lactalis argued Saputo’s products do not comply…

  • App Developers Settle FTC Charges of Children’s Privacy Violations

    Two app developers have agreed to pay a combined $360,000 to settle Federal Trade Commission (FTC) charges that they allegedly violated the Children’s Online Privacy Protection Act (COPPA) by producing and selling games allowing third-party advertisers to collect personal information from children. The games, which include My Cake Shop, My Pizza Shop, Ice Cream Jump…

  • Foie Gras Suit Revived in Ninth Circuit

    The Ninth Circuit Court of Appeals has ruled that the Animal Legal Defense Fund (ALDF) can sue the U.S. Department of Agriculture (USDA) for its Food Safety and Inspection Service’s denial of a petition for rulemaking on prohibiting force-fed foie gras. Animal Legal Def. Fund v. U.S. Dep’t of Agric., No. 13-55868 (9th Cir., order entered…

  • NAD Refers “Danish” Cookie Controversy to FDA, FTC

    The National Advertising Division (NAD), an investigative unit of the U.S. advertising industry’s system of self-regulation, has referred to the U.S. Food and Drug Administration (FDA) and Federal Trade Commission (FTC) an ad campaign for Danisa “Traditional Butter Cookies,” which are manufactured by the Mayora Group in Indonesia and distributed by Takari International, Inc. NAD…

  • “Eco-Friendly” Meal Delivery Packaging Claims Should Be Discontinued, NAD Rules

    After a review by the National Advertising Division (NAD), the advertising industry’s self-regulation investigative arm, Gobble, Inc. has agreed to discontinue claims that packaging for its meal-delivery services is “eco-friendly.” NAD requested substantiation for several claims appearing on Gobble’s website, including the company’s use of “insulated liners that are biodegradable so that you can dispose of…