Food & Beverage Litigation & Regulatory Update

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Food & Beverage Litigation & Regulatory Update

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  • Malic Acid Suit Filed Against True Lemon

    Grand Brands Inc. allegedly markets its True Lemon powdered drink mixes as “naturally flavored” despite containing malic acid, a plaintiff alleges. Tedesco v. Grand Brands Inc., No. 20-1928 (S.D. Cal., filed September 28, 2020). The complaint asserts that Grand Brands fails to identify the type of malic acid included in its products and alleges that…

  • FDA Finds Milk Allergens in Dark Chocolate Samples

    The U.S. Food and Drug Administration (FDA) has announced the results of a study examining 52 dark chocolate products, determining that four of the products had potentially hazardous levels of milk allergens. “The agency found the 12 samples from the four products to have milk allergen levels ranging from 600 ppm to 3,100 ppm,” the…

  • USDA Denies Veal Group’s Petition on Regulatory Definitions

    The Food Safety and Inspection Service (FSIS), a part of the U.S. Department of Agriculture (USDA), has responded to a petition submitted by the American Veal Association aiming to establish “a regulatory definition for veal and other immature cattle that reflects established industry practices.” The petition included a proposed definition and suggested subcategories for “milk-fed…

  • FDA to Hold Meetings on Proposed Traceability Records Requirements

    The U.S. Food and Drug Administration will host three virtual public meetings to discuss the proposal of additional traceability records required for high-risk foods. All three meetings “will cover the same agenda items and are intended to facilitate and support the public’s evaluation and commenting process.” The meetings will be held November 6, November 18…

  • APHIS to Amend National Poultry Improvement Plan

    The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) has announced that it will amend regulations governing the National Poultry Improvement Plan (NPIP). The amendments “establish a U.S. Newcastle Disease Clean program within the NPIP, create an NPIP subpart specific to game birds, revise testing requirements, and clarify existing provisions of the…

  • FDA Accepting Comments on Cultured Seafood Labeling

    The U.S. Food and Drug Administration (FDA) has requested information “pertaining to the labeling of foods comprised of or containing cultured seafood cells,” which the agency notes are “being developed and may soon enter the marketplace.” “Animal cell culture technology involves the controlled growth of animal cells, their subsequent differentiation into various cell types, and…

  • Hemp Trade Association Challenges DEA Cannabis Rule

    The Hemp Industries Association and RE Botanicals Inc. have filed a lawsuit challenging the Drug Enforcement Administration’s (DEA’s) interim final rule implementing changes to the scope of the agency’s control over cannabis and tetrahydrocannabinol (THC). Hemp Industry Ass’n v. DEA, No. __ (D.C. Cir., filed September 18, 2020). “The DEA’s interim final rule clarifies that…

  • Arizona “Zero-Calorie” Beverage Contains Calories, Plaintiff Alleges

    A consumer has alleged in a putative class action that the “zero-calorie” version of Arizona Beverages USA’s Arnold Palmer actually contained 15 calories per can. Meyers v. Arizona Beverages USA LLC, No. 20-5543 (N.D. Ill., E. Div., filed September 18, 2020). The complaint asserts that the U.S. Food and Drug Administration required Arizona Beverages to change…

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