Food & Beverage Litigation & Regulatory Update

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Food & Beverage Litigation & Regulatory Update

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  • Consumer Challenges Smoked Gouda Preparation

    A consumer has filed a putative class action alleging that Dietz & Watson’s smoked gouda is not prepared by smoking but rather by the addition of a smoke flavor. Watson v. Dietz & Watson Inc., No. 20-6550 (S.D.N.Y., filed August 17, 2020). “No reasonable consumer would be instinctively distrustful or skeptical of a product labeled ‘Smoked…

  • DEA Submits Proposed Rule on Implementing 2018 Farm Bill’s Hemp Legalization

    The U.S. Drug Enforcement Administration (DEA) has proposed a rule that would codify the legalization of hemp cultivation and related definitions passed in the 2018 Farm Bill into the Controlled Substances Act. The amendments include (i) modifying federal rules to state that “the definition of ‘Tetrahydrocannabinols’ does not include ‘any material, compound, mixture, or preparation…

  • FSIS Announces Meat Inspection Committee Meeting

    The U.S. Department of Agriculture’s (USDA’s) Food Safety and Inspection Service (FSIS) has announced a virtual public meeting of the National Advisory Committee on Meat and Poultry Inspection (NACMPI) on September 24-25, 2020. The objectives are “for the Committee to review and advise about the steps FSIS should take to ensure better control of artisanal,…

  • Plaintiff Challenges “Clean” Panera Food

    A consumer has filed a putative class action alleging that Panera Bread Co., or St. Louis Bread Co., markets its products as “100% clean” but sells products with ingredients “that are artificial, chemical, and/or synthetic preservatives, sweeteners, flavors, and colors.” Sally v. Panera Bread Co., No. 20-1068 (St. Louis Cir. Ct., filed August 13, 2020). The…

  • “All Natural” Arizona Gummies Lawsuit to Continue

    A New York federal court has trimmed claims in a lawsuit alleging that Arizona Beverages Co. and its parent company Hornell Brewing Co. Inc. misled consumers by labeling Arizona Fruit Snacks as “all natural” despite containing synthetic ingredients, including ascorbic acid, glucose syrup, citric acid, gelatin and dextrose. Silva v. Hornell Brewing Co. Inc., No.…

  • Schumer Urges USDA to Delay Hemp Rule

    U.S. Sen. Chuck Schumer (D-N.Y.) has called on the U.S. Department of Agriculture (USDA) to “delay the issuance of a U.S. Domestic Hemp Production Program final rule until 2022 and allow hemp growers and producers across the country and in Upstate New York to continue to operate under the 2014 Farm Bill pilot program regulations…

  • FDA Issues Final Rule on Gluten-Free Labeling

    The U.S. Food and Drug Administration (FDA) has issued a final rule establishing requirements for “gluten-free” labeling for foods with fermented or hydrolyzed ingredients. Under the rule, FDA will evaluate compliance based on records manufacturers will be required to maintain because the agency “knows of no scientifically valid analytical method effective in detecting and quantifying…

  • EFSA Completes Assessment of Glycoalkaloids in Potatoes

    The European Food Safety Authority (EFSA) has completed its health risk assessment for glycoalkaloids in food and animal feeds, especially in potatoes. “Experts identified a health concern for infants and toddlers, considering both mean and high consumers,” the agency’s announcement states. “Among adults, there is a health concern for high consumers only. Glycoalkaloids poisoning can…

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