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


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FDA Issues First Warning Letter for FSMA Foreign Supplier Program
The U.S. Food and Drug Administration (FDA) has issued the first warning letter enforcing the Food Safety Modernization Act (FSMA) Final Rule on Foreign Supplier Verification Programs (FSVP) for Importers of Food for Humans and Animals. The letter targeted a company importing tahini that was recalled after purportedly causing a Salmonella outbreak. “Moving forward, the…
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Guidance Released on Converting Vitamin Measures for Nutrition Label
The U.S. Food and Drug Administration’s Office of Nutrition and Food Labeling has released guidance providing “step-by-step instructions to manufacturers of retail food products marketed in the United States on how they may convert the previous units of measure for certain nutrients to the new units in the updated Nutrition Facts label.” The guidance also…
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OEHHA Releases Agenda for Symposium on Synthetic Food Dyes
California’s Office of Environmental Health Hazard Assessment (OEHHA) has released the agenda for its September 19-20, 2019, symposium on synthetic food dyes. OEHHA is “conducting a risk assessment of the potential impacts of synthetic food dyes,” focusing on dyes batch-certified by the U.S. Food and Drug Administration (FDA). The symposium, which can be attended in…
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Illinois Adds Sesame to Allergen-Labeling Regulations
Illinois has passed a law requiring businesses to indicate on food labels whether a product contains sesame. The amended law deems a food misbranded if “it contains sesame, is offered for sale in package form but not for immediate consumption, and the label does not include sesame.” The state representative who sponsored the legislation told…
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Europe, California to Ban Chlorpyrifos
California regulators have reportedly indicated that they will ban the pesticide chlorpyrifos following the Environmental Protection Agency’s (EPA’s) refusal to ban the substance. “We have to step into the void and take action where the federal government has failed to do so,” the head of the state’s environmental agency reportedly told The Los Angeles Times.…
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UK Prohibits Cheese Ad for Harmful Gender Stereotypes
The U.K. Advertising Standards Authority (ASA) has upheld a complaint that a television advertisement “perpetuated a harmful stereotype by suggesting that men were incapable of caring for children and would place them at risk as a result of their incompetence.” The ad showed a father leaving a baby in a carrier on a conveyor belt…
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DOJ Announces Guilty Plea in Mislabeled Crabmeat Case
The U.S. Department of Justice (DOJ) has announced that Phillip Carawan pleaded guilty to falsely labeling crabmeat worth $4 million as a product of the United States despite being imported. Carawan and his company apparently could not meet customer demand and imported foreign crabmeat to cover orders for U.S.-produced crabmeat. “Seafood mislabeling is consumer fraud…
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Minneapolis to Ban Drive-Thru Windows
The Minneapolis City Council has reportedly voted to ban the establishment of new drive-thru facilities within city limits. The ordinance does not affect existing restaurants, and businesses are permitted to alter or expand their drive-thrus. The law reportedly targets carbon emissions caused by idling cars.
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