Food & Beverage Litigation & Regulatory Update

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Food & Beverage Litigation & Regulatory Update

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  • FDA, FTC Warn CBD Company for Unsubstantiated Claims

    The U.S. Food and Drug Administration (FDA) and Federal Trade Commission (FTC) have announced a joint warning letter sent to Rooted Apothecary LLC focused on the potential benefits that the company claimed its cannabidiol (CBD) products could provide. “The Agency continues to be concerned about the proliferation of products asserting to contain CBD that are…

  • CFS Urges FDA to Have Impossible Burgers Pulled from Grocery Stores

    The Center for Food Safety (CFS) has submitted a letter to the U.S. Food and Drug Administration’s (FDA’s) Office of Food Additive Safety arguing that the sale of “uncooked Impossible Burgers to consumers in grocery stores” is unlawful because FDA “received timely objections to the agency’s approval of Impossible Foods’ color additive petition.” CFS argues…

  • Rudd Center Releases Report on Marketing Beverages to Children

    The University of Connecticut’s Rudd Center for Food Policy & Obesity has released a report on the state of nutrition and marketing for beverages targeted to children. The researchers identified “common practices that may confuse parents about the ingredients and healthfulness of sweetened children’s drinks,” including the “widespread use of low-calorie sweeteners,” the “sugar content…

  • Updates to National List Published

    The U.S. Department of Agriculture (USDA) has published a set of changes to the National List of Allowed and Prohibited Substances, which documents the synthetic materials allowed or banned in the production and handling of organic agriculture. The amendments include the addition of “elemental sulfur for use as a molluscicide,” the addition of “polyoxin D…

  • Sen. Schumer Calls for FDA Action on Heavy Metals in Baby Food

    Sen. Chuck Schumer (D-N.Y.) has reportedly called for action from the U.S. Food and Drug Administration (FDA) in response to a study purportedly showing that 95% of baby foods contained at least some lead, arsenic, mercury or cadmium content. Schumer reportedly said that consumers “rightfully expect those foods to be undeniably safe, appropriately regulated and…

  • Kellogg Settles “Healthy” Cereal Suit for $20 Million

    The parties in a lawsuit alleging Kellogg Sales Co. misrepresented its cereals as healthy have reached an agreement that would require the company to pay $20 million in payments and make marketing changes valued at more than $11 million. Hadley v. Kellogg Sales Co., No. 16-4955 (N.D. Cal., filed October 21, 2019). The lawsuit alleged…

  • Plaintiff Challenges Probiotic Content of Kombucha

    A consumer has filed a putative class action alleging that Brew Dr. Kombucha LLC markets its products as containing “billions” of “live and active cultures” or “beneficial bacteria, yeasts and organic acids” despite containing “only 50,000” colony forming units. Amos v. Brew Dr. Kombucha LLC, No. 19-1663 (D. Ore., Portland Div., filed October 16, 2019).…

  • Advocacy Group Sues Hemp Co. in Prop. 65 Complaint

    The Environmental Research Center has filed a lawsuit alleging that Manitoba Harvest USA LLC Corp.’s food products contain lead and cadmium levels exceeding the amounts permitted by California’s Safe Drinking Water and Toxic Enforcement Act (Prop. 65). Envtl. Research Ctr. Inc. v. Manitoba Harvest USA LLC Corp., No. RG19038961 (Cal. Super. Ct., Alameda Cty., filed…

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