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Food & Beverage Litigation & Regulatory Update

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  • FDA Releases Reopening Guidelines for Food Establishments

    The U.S. Food and Drug Administration (FDA) has published a food-safety checklist for retail food establishments that have been closed or operating in a limited capacity during shelter-in-place orders. The list covers issues that may arise if a facility has been closed, such as ensuring water and sewage lines or coolers and freezers are working,…

  • State Attorneys General Urge Trump Administration to Make Meatpacking Safety Measures Mandatory

    Following an executive order directing the U.S. Department of Agriculture to ensure the continued supply of meat and poultry, twenty state attorneys general have submitted a letter urging President Trump to strengthen guidance for meatpacking facilities by requiring increased access to testing and personal protective equipment, implementation of physical distancing where possible, suspension of line…

  • Proposed Texas Consumable Hemp Rule Published

    The Texas Department of State Health Services has published a proposed rule that would regulate “the manufacture, distribution, and retail sale of consumable hemp and consumable hemp products in the State of Texas.” The rule details licensure for consumable hemp manufacturers or distributors; required testing to determine the presence or concentration of cannabinoids, THC, pathogens,…

  • Family of Deceased Meatpacking Plant Worker Sues JBS for Alleged COVID-19 Negligence

    The estate of a meatpacking plant employee who died from a COVID-19 infection has sued JBS S.A. for negligence, wrongful death, misrepresentation and survival, alleging that the man’s death “was the predictable and preventable result of the JBS Defendants’ decisions to ignore worker safety.” Benjamin v. JBS S.A., No. 200500370 (Pa. C.P., Phila. Cty., filed…

  • Kern’s Nectar Not “100% Natural” Because of Malic Acid, Plaintiff Argues

    A consumer has filed putative class action alleging that Vilore Foods Co. Inc. misleadingly marketed Kern’s Nectar canned beverages as natural because they contain malic acid, “a synthetic chemical that is used to make manufactured food products taste like real fruit.” Gross v. Vilore Foods Co. Inc., No. 20-0894 (S.D. Cal., filed May 13, 2020).…

  • Examining Price-Gouging Allegations During COVID-19 Pandemic

    Shook Partner Katie Gates Calderon and Associate Elizabeth Fessler have authored “Best Practices for Food and Beverage Pricing Right Now” for Law360, which discusses how food and beverage companies may face regulatory actions and reputational damage if they are perceived to have raised their prices too much during the COVID-19 pandemic. “With increased demand and…

  • President, Agencies Act to Maintain Food Supply

    President Trump has issued an executive order directing Secretary of Agriculture Sonny Perdue to “ensure the continued supply of meat and poultry” consistent with guidance issued by the Centers for Disease Control and Prevention (CDC) and the Occupational Safety and Health Administration. CDC also issued a report on COVID-19 at meat and poultry processing facilities…

  • Chipotle to Pay $25 Million for Foodborne Illness Outbreaks

    The Department of Justice (DOJ) has announced that Chipotle Mexican Grill Inc. will pay $25 million and enter a deferred prosecution agreement to resolve criminal charges related to foodborne illness outbreaks that occurred between 2015 and 2018. The deferred prosecution agreement will require Chipotle to comply with an improved food safety program for three years…

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