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Food & Beverage Litigation & Regulatory Update
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- Year in Review 2019


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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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Shortbread Cookies Lack Expected Butter, Consumer Alleges
A plaintiff has alleged that Mondelez Global LLC misleads consumers about the butter content of its Lorna Doone shortbread cookies. Troutt v. Mondelez Global LLC, No. 21-1279 (S.D. Ill., Benton Div., filed October 19, 2021). The plaintiff argues that “the Product’s ingredients are inconsistent with what consumers expect from a food identified as ‘shortbread cookies’” and…
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FDA Issues Guidance on Sodium Reduction for Food Producers
The U.S. Food and Drug Administration (FDA) has released guidance on limiting sodium in processed and packaged foods. “Limiting certain nutrients, such as sodium, in our diets plays a crucial role in preventing diseases like hypertension and cardiovascular disease that disproportionately impact racial and ethnic minority groups; these diseases often result in hundreds of thousands…
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UK-US Regulatory Differences Explored Through Lens of Sprinkles
Several publications have detailed the story of Get Baked, a U.K. bakery, to examine how food regulations differ in the United Kingdom and the United States. Get Baked was forced to stop selling its 12-layer chocolate cake and raspberry glazed donut cookies after a U.K. Trading Standards inspector found the desserts to be topped with…
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FDA Releases Guidance on Food Contact Substance Notifications
The U.S. Food and Drug Administration (FDA) has released two guidance documents on food contact substance notifications, pertaining to toxicology recommendations and administrative processes. The food contact substance notification process is “the primary means by which FDA regulates food additives that are food contact substances (FCSs).” The guidance documents define a food contact substance as…
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UK Launches Project to Minimize Food “Greenwashing”
The U.K. Environment Agency has announced a project “to establish standardised metrics to measure environmental performance of the food and drink sector.” The agency “is aiming to make it simpler for businesses and for the public to understand the environmental performance of companies in key areas such as greenhouse gas reduction and resource efficiency,” according…
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Webinar: FDA Just Left… So Now What? Responding to a 483
Shook Of Counsel John Johnson joins AIB International’s Judi Lazaro for another installment of their webinar series answering commonly asked questions about FDA regulations. Join Johnson and Lazaro on October 25, 2021, at 1:00 p.m. CT to learn more about how to respond to an FDA inspector’s finding of objectionable conditions. 483 may be the…
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