Food & Beverage Litigation & Regulatory Update

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Food & Beverage Litigation & Regulatory Update

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  • FDA Approves Soy Leghemoglobin as Color Additive

    The U.S. Food and Drug Administration (FDA) has announced that soy leghemoglobin has been approved for use “as a color additive in ground beef analogue products” following a petition submitted by Impossible Foods. The announcement notes that the agency previously found soy leghemoglobin to be generally recognized as safe as a flavor additive. “FDA concurs…

  • FDA Issues Warning Letter to CBD Co. for Unsubstantiated Claims

    The U.S. Food and Drug Administration (FDA) has issued a warning letter to Curaleaf Inc. for “illegally selling unapproved products containing cannabidiol (CBD) online with unsubstantiated claims that the products treat cancer, Alzheimer’s disease, opioid withdrawal, pain and pet anxiety.” FDA cites the company’s website and social media accounts to assert that Curaleaf’s marketing establishes…

  • Stoney Patch Infringes Trade Dress, Alleges Sour Patch Maker

    Mondelez Canada Inc. has filed a lawsuit in California federal court alleging Stoney Patch cannabis-infused gummies infringe the trademark and trade dress of Sour Patch gummy candies. Mondelez Canada Inc. v. Stoney Patch, No. 19-6245 (C.D. Cal., W. Div., filed July 19, 2019). Stoney Patch candies, which contain tetrahydrocannabinol (THC), and Sour Patch Kids are…

  • Tofurky Co. Challenges Arkansas Meat Law

    Turtle Island Foods, which does business as The Tofurky Co., has filed a civil-rights action alleging an Arkansas law that “prohibits purveyors of plant- or cell-based meats from using the words ‘meat’ and related terms like ‘beef,’ ‘pork,’ ‘roast,’ and ‘sausage’” is “a restriction on commercial speech that prevents companies from sharing truthful and non-misleading…

  • Plaintiff Cites Consumer Reports and Prop. 65 in Fruit Juice Arsenic Lawsuit

    A consumer has filed a putative class action alleging that Welch Foods Inc.’s grape juices contain excessive levels of lead and arsenic, citing a January 2019 article appearing in Consumer Reports. Labajo v. Welch Foods Inc., No. 19-1306 (C.D. Cal., filed July 16, 2019). The complaint also cites California’s Safe Drinking Water and Toxic Enforcement…

  • UK Opens Consultation on Health and Nutrition

    The U.K. Cabinet Office has begun an open consultation on general health policies, including nutrition initiatives. The consultation includes an announcement that the government will ban the sale of energy drinks to children under 16, with the full policy to be announced “in our consultation response shortly.” The consultation response will also include details of…

  • Seafood Processer Guilty on Falsely Labeling “Product of USA” Crab Meat

    The U.S. Department of Justice (DOJ) has announced that Michael Casey, vice president of Casey’s Seafood Inc., has pleaded guilty to charges of falsely labeling almost 400,000 pounds of crab meat as derived from Atlantic blue crab in the United States despite importing the meat from a number of countries, including Indonesia, China, Thailand and…

  • EU Agency Releases Guidance on Use of Insects in Food

    The EU International Platform of Insects for Food and Feed (IPIFF) has released guidance intended to assist industry with labeling provisions for insect-based foods. “While specific insect-based products are currently approved by certain Member States, it is foreseen that a number of novel food applications will be authorised by the European Commission in the near…

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