Food & Beverage Litigation & Regulatory Update

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Food & Beverage Litigation & Regulatory Update

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  • Pennsylvania Cities Sue State over Ban on Plastic Bag Restrictions

    Philadelphia and three other municipalities have filed a lawsuit challenging Pennsylvania’s prohibition of bans on plastic or single-use bags. Philadelphia v. Penn., No. 42 MD 2021 (Penn. Commw. Ct., filed March 3, 2021). “To combat the destructive environmental impact of single use plastic bags, states and cities across the country have enacted laws restricting distribution of…

  • Former FDA Legal Counsel Moves to Shook

    Former U.S. Food & Drug Administration (FDA) Associate Chief Counsel Kristin Kaplan joins Shook, Hardy & Bacon, further expanding the firm’s regulatory capabilities. Kaplan has a deep understanding of regulatory issues and the nuances of the government agency after advising FDA for eight years and serving an in-house role at a global leader in animal…

  • Appeals Court Affirms Dismissal of Foster Farms Animal Welfare Lawsuit

    A California appeals court has declined to revive a lawsuit alleging that packaging for Foster Poultry Farms Inc. products misleads consumers by featuring a certification that the animals are treated humanely. Leining v. Foster Poultry Farms Inc., No. B291600 (Cal. App. Ct., 2nd Dist., entered February 23, 2021). The plaintiff had alleged that she believed…

  • New York Court Dismisses Vanilla Lawsuit

    A New York federal court has dismissed a lawsuit against Oregon Chai Inc. for failure to state a claim in litigation centered on whether using the term “vanilla” on packaging is misleading to consumers. Cosgrove v. Oregon Chai Inc., No. 19-10686 (S.D.N.Y., entered February 22, 2021). “In the past two years, counsel for Plaintiffs [] has…

  • Post Foods to Pay $15 Million to Settle Added Sugar Lawsuit

    A California federal court has approved the settlement of a lawsuit alleging Post Foods LLC misrepresented the nutritional value of its cereals because of the added sugar content. Krommenhock v. Post Foods LLC, No. 16-4958 (N.D. Cal., entered February 24, 2021). Under the settlement agreement, Post will pay $15 million to the nationwide class and remove…

  • USDA, FDA Issue Joint Statement on Transmissibility of COVID-19 on Food Packaging

    The U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) have issued a joint statement stating that “there is no credible evidence of food or food packaging associated with or as a likely source of viral transmission of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), the virus causing COVID-19.” The statement was issued…

  • Vilsack Confirmed as Agriculture Secretary

    The U.S. Senate has voted 92-7 to confirm Tom Vilsack as head of the U.S. Department of Agriculture. Vilsack, who served in the position under former President Barack Obama, stated that his priorities include addressing “the pandemic, racial justice and equity and climate change.”

  • FDA Responds to Baby Foods Congressional Reports as Class Actions Are Filed

    The U.S. Food and Drug Administration (FDA) has issued a constituent update responding to the Senate’s report on elevated levels of heavy metals in baby foods. “While the report released on February 4, 2021 by the U.S. House of Representatives Committee on Oversight and Reform Subcommittee on Economic and Consumer Policy raises important questions on…

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