Category: Spotlight
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Twenty Years of Food and Beverage Regulatory Developments
2002 In the 2002 Farm Bill, Congress amended the Agricultural Marketing Act of 1946 to require retailers to notify their customers of the country of origin of covered commodities. 2003 FDA amended its regulations on nutrition labeling to require the inclusion of trans fats on the Nutrition Facts panel for conventional foods and dietary supplements.…
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FTC Holds Forum on Advertising to Children
On October 19, 2022, the U.S. Federal Trade Commission held a forum titled “Protecting Kids from Stealth Advertising in Digital Media” to discuss ever-growing concerns over advertising to youth, particularly in the digital landscape. This issue is one that affects many industries, including the food and beverage industry. Indeed, there is a program administered by…
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Warning Letter Provides Insight on FDA’s Priorities
By Of Counsel John Johnson III The U.S. Food and Drug Administration’s (FDA) Warning Letter to Maribel’s Sweets, Inc., provides an important look into how FDA is implementing the Food Safety Modernization Act (FSMA)’s Preventive Control Rule. This is the requirement that a food facility must have and implement a written food safety plan to…
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COVID, Consumer Demands Discussed at Ninth Annual Food & Beverage Exchange Conference
By Associate Anne Case-Halferty Evolving consumer demands, litigation trends and the disruptive effects of the COVID-19 pandemic were featured topics of the Ninth Annual FoodBev Exchange, which took place virtually November 9-10. Compliance and regulatory professionals from across the country shared best practices and discussed recent and emerging developments in the food and beverage industry,…
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Podcast: Food Lawsuits on the Rise
Shook Partner Cary Silverman joined the U.S. Chamber Institute for Legal Reform’s (ILR’s) Oriana Senatore for an episode of the organization’s podcast Cause for Action to discuss his work preparing “The Food Court: Developments in Litigation Targeting Food and Beverage Marketing.” Senatore asks Silverman, “Can you give us a flavor for this litigation? What types…
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The Food Court: Developments in Litigation Targeting Food and Beverage Marketing
Shook Partner Cary Silverman, Partner Jim Muehlberger and Of Counsel Adriana Paris have authored a report on behalf of the U.S. Chamber Institute for Legal Reform on food and beverage marketing. The executive summary appears below, with permission from the Institute for Legal Reform. For additional reading on this subject, please see Muehlberger and Silverman’s…
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Look Beyond the Label: How the FASTER Act Impacts Food Manufacturing
By Anna El-Zein and John Johnson III Sesame is the ninth Major Food Allergen with the passage of the Food Allergy Safety, Treatment, Education, and Research Act (FASTER) Act on April 23, 2021. Starting on January 1, 2023, any food “introduced or delivered for introduction into interstate commerce” must appropriately declare the presence of “sesame”…
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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…