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Food & Beverage Litigation & Regulatory Update
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- Year in Review 2019


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CSPI Releases Report on Children’s Food Marketing
The Center for Science in the Public Interest (CSPI) has released a report on television ads targeting children with food marketing. The organization assessed the advertisements shown during six hours of television airing on 12 channels that show children’s programming and compared the results to a similar assessment from 2012. The comparison purportedly showed that…
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Olive Oil Group Seeks Standard of Identity from FDA
The American Olive Oil Producers Association has filed a citizen petition urging the U.S. Food and Drug Administration (FDA) to “promulgate regulations for the standards of identity for olive oil and olive-pomace oil.” The lack of standard of identity has led to “widespread mislabeling of grades, adulteration, consumer mistrust, and unfair and unethical industry business…
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EFSA Proposes Animal Welfare Measures in Poultry Slaughter
The European Food Safety Authority (EFSA) has published a scientific opinion on animal welfare considerations during the slaughter of poultry for food. The opinion provides a “comprehensive overview” of “the entire slaughter process from arrival and unloading of birds through stunning to bleeding and killing.” The opinion also identifies hazards that “give rise to welfare…
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“Suicyder” Complaint Upheld
The Portman Group, a U.K. alcohol industry self-regulatory group, has upheld a complaint against the Bearded Brewery for the name of its high-alcohol cider, Suicyder. A member of the public complained about the beverage name’s reference to suicide, calling Suicyder “clearly irresponsible” because it purportedly targets young men—”the group at highest risk of suicide”—and uses…
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Kellogg Settlement Highlights Sugar Litigation Focus, Shook Attorneys Explain
Shook Food, Beverage & Agribusiness Practice Group Co-Chair Lindsey Heinz and Associate Elizabeth Fessler have authored an article for Law360 on a settlement between Kellogg Sales Co. and a plaintiff who alleged that the company’s cereals were misleadingly marketed as “healthy.” The settlement is “a prime example of the shifted focus toward sugar,” they explain,…
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USDA Issues Interim Rule on Hemp Production
The U.S. Department of Agriculture (USDA) has issued an interim final rule “specifying the rules and regulations to produce hemp.” The rule outlines provisions for USDA “to approve plans submitted by States and Indian Tribes for the domestic production of hemp” and “establishes a Federal plan for producers in States or territories of Indian Tribes…
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Bipartisan “Real MEAT Act” Would Define “Beef” Federally
Reps. Roger Marshall (R-Kan.) and Anthony Brindisi (D-N.Y.) have introduced the Real Marketing Edible Artificials Truthfully (MEAT) Act, which would “codify the definition of beef for labeling purposes, reinforce existing misbranding provisions to eliminate consumer confusion, and enhance enforcement measures available to the [U.S. Department of Agriculture] if the [Food and Drug Administration] fails to…
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New York Bans Sale of Foie Gras
The New York City Council has reportedly voted to ban the sale of foie gras produced from force-fed animals within the city, citing cruelty concerns. The law, which will take effect in 2022, will impose a $2,000 fine per violation and applies only to force-fed foie gras. “[D]etermining whether foie gras was illegally produced may…
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