Food & Beverage Litigation & Regulatory Update

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Food & Beverage Litigation & Regulatory Update

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  • FDA Proposes Revocation of Standards for Cherry Pie, French Dressing

    In an effort to remove regulations no longer “necessary to ensure that these products meet consumer expectations,” the U.S. Food and Drug Administration (FDA) has proposed to revoke the standards of identity and quality for frozen cherry pie and French dressing. “The proposal is part of the FDA’s Nutrition Innovation Strategy,” constituent updates on the…

  • FSIS Partially Grants CSPI Petition on Nitrites

    The U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has partially granted a petition filed by the Center for Science in the Public Interest (CSPI) about the use of “No Nitrate or Nitrite Added” and “Uncured” on labels for “products that have been processed using any source of nitrates or nitrites.” FSIS indicated…

  • FDA Issues Final Guidance on Potassium Chloride Labeling

    The U.S. Food and Drug Administration (FDA) has issued final guidance on the use of potassium chloride on food labels. The guidance advises “food manufacturers of its intent to exercise enforcement discretion for the name ‘potassium salt’ in the ingredient statement on food labels as an alternative to ‘potassium chloride’ to better inform consumers that…

  • TGI Friday’s Mozzarella Sticks Made with Cheddar, Plaintiff Alleges

    A consumer has filed a putative class action alleging that Inventure Foods Inc., which produces the T.G.I. Friday’s line of frozen foods, produces its “mozzarella sticks” with cheddar. Nason v. Inventure Foods Inc., No. 20-10141 (S.D.N.Y., filed December 3, 2020). The plaintiff cites the ingredient list, which lists only cheddar and not mozzarella, and asserts that…

  • Turkey Welfare Challenged at Ranches

    A plaintiff has filed a putative class action alleging Diestel Turkey Ranch falsely markets its turkeys as “thoughtfully raised on sustainable family farms with plenty of fresh air and space to roam.” Wetzel v. Diestel Turkey Ranch, No. 20-1213 (D.N.M., filed November 19, 2020). The plaintiff argues that Diestel “sources the overwhelming majority of its turkeys…

  • FDA Warns Frito-Lay About Allergen Labeling

    The U.S. Food and Drug Administration (FDA) has warned Frito-Lay Inc. about “serious violations of the Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food regulation” because its investigators found potato chips to be misbranded “in that the finished product labels did not declare a major food allergen (milk)” in addition…

  • Lab-Grown Meat Approved in Singapore

    Singapore has reportedly approved for sale a lab-grown meat product to be sold as “cultured chicken.” The product, created by Eat Just, has been approved for use in chicken nuggets following a safety assessment submitted to the Singapore Food Agency’s “novel food” working group. The cultured chicken will reportedly sell for a price comparable to…

  • Shook Attorneys Present Webinar on Minimizing FDA Enforcement Risk on Food Importers

    In spring 2020, the U.S. Food and Drug Administration (FDA) started regulating food importers under the Foreign Supplier Verification Program (FSVP). FSVP requires a food importer to create a due diligence program to review and approve its foreign suppliers and conduct activities to verify that the food is produced in a manner that provides at…

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