Food & Beverage Litigation & Regulatory Update

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Food & Beverage Litigation & Regulatory Update

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  • FDA Enters New Phase of FSVP Enforcement

    The U.S. Food and Drug Administration (FDA) has entered a new phase of enforcement for the Foreign Supplier Verification Program (FSVP) regulation, the legally required due diligence program to review and approve foreign suppliers of imported food. In May 2020, FDA placed two companies on Import Alert 99-41, which is essentially an import ban where…

  • COVID-19 Brings Price-Gouging Litigation to California

    By Shook Associate Matt Williams California often serves as an incubator for litigation that thereafter sweeps across the country. This phenomenon may hold true for newly minted COVID-19-based price-gouging lawsuits. Indeed, California has quickly become the epicenter of price-gouging enforcement and class action litigation. Food producers, distributors, retailers and online marketplaces such as Amazon have…

  • EU Announces “Farm to Fork Strategy”

    The European Commission has announced the adoption of strategies to support biodiversity and “transition to a sustainable EU food system that safeguards food security and ensures access to healthy diets sourced from a healthy planet.” “The coronavirus crisis has underlined the importance of a robust and resilient food system that functions in all circumstances, and…

  • Bill Proposed to Support Restaurants Through COVID-19 Crisis

    U.S. Rep. Earl Blumenauer (D-Ore.) has introduced The Real Economic Support That Acknowledges Unique Restaurant Assistance Needed to Survive Act of 2020 (RESTAURANTS Act). The proposed bill would create a $120 billion “restaurant stabilization grant program designed to help independent restaurants deal with the long-term structural challenges facing the industry due to COVID-19 and ensure…

  • APHIS Amends Regulations on Movement of GMOs

    The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS) has released a final rule updating regulations on genetically modified organisms (GMOs). The rule adjusts the regulatory process for specific GMOs created to combat plant pests that pose no increased plant pest risk than conventionally bred plants.

  • USDA Implements Coronavirus Food Assistance Program

    The U.S. Department of Agriculture (USDA) has issued a rule implementing the Coronavirus Food Assistance Program (CFAP), which was allocated $9.5 billion in the Coronavirus Aid, Relief, and Economic Stability Act. CFAP provides financial support for agricultural producers affected by COVID-19 to help offset sales losses. The Farm Service Agency and Agricultural Marketing Service will…

  • FDA Publishes Findings of Leafy Greens E. Coli Investigation

    The U.S. Food and Drug Administration (FDA) has published the results of its investigation into an outbreak of E. coli in November and December 2019 caused by romaine lettuce and other leafy greens from the Salinas Valley area of California. FDA found that nearby land used for cattle grazing was the most likely contributing factor…

  • Ferrara Candy Co. Underfills Theater Boxes, Plaintiffs Allege

    A group of consumers has filed a putative class action asserting that Nestle USA Inc. and Ferrara Candy Co.’s opaque candy boxes contain too much slack fill. Iglesia v. Nestle USA Inc., No. 20-5971 (D.N.J., filed May 15, 2020). The complaint alleges that Ferrara and Nestle “pioneered a scheme to deceptively sell candy in oversized,…

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