Tag: baby food
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Beech-Nut Pulls Baby Food Ads
The Beech-Nut Nutrition Co. has reportedly told the National Advertising Division (NAD) it will no longer use the terms “natural,” “sensitive” and “complete” nutrition or claim that its baby cereals have zero grams of sugar, were “formulated to be gentle on baby’s tummy,” and have “all the tastiness of oatmeal with smaller proteins that are…
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Furans in Baby Food May Pose Health Risk, EFSA Reports
The European Food Safety Authority (EFSA) has issued an assessment of the risks of furans and related compounds 2- and 3-methylfurans, concluding that they pose a higher risk to infants—the most exposed group—than older children or adults because infants consume jarred or canned foods with high mean concentrations of the materials. Risks associated with furan…
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FDA to Permit Baby Food Allergy-Reduction Claims
The U.S. Food and Drug Administration (FDA) has announced the approval of a qualified health claim that baby food with ground peanuts can reduce the development of peanut allergies. On the labels of foods suitable for infant consumption that contain ground peanuts, companies can now include the claim that “for most infants with severe eczema…
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“Technically Correct” Labels Can Be Misleading
The Ninth Circuit has reversed the dismissal of a putative class action alleging that Gerber’s baby food labels misled consumers about the nutritional value of its baby foods despite being “technically correct.” Bruton v. Gerber Prods. Co., No. 1515174 (9th Cir., order entered April 19, 2017). The plaintiff argued that the presence of impermissible nutrient…
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NAD Recommends Changes to Beech-Nut Baby Food Ads
After reviewing a challenge by the maker of Gerber baby foods, the National Advertising Division (NAD) has recommended that Beech-Nut Nutrition discontinue several advertising claims but rejected complaints that Beech-Nut’s ads implied its baby foods are fresh. NAD warned Beech-Nut against use of the term “coldpuree” unless it “conspicuously” explains that foods are cooked after…
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USDA Revises Thinking About Date Labeling
Citing the need to help curb food loss and waste, the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) has announced new guidance that encourages food manufacturers and retailers to use the phrase “Best if Used by” on date labeling. Infant formula is the only product currently subject to mandatory date labeling under federal…
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Cruz-Alvarez and Rameshwar Detail Dismissal of Challenge to Abbott Labs’ Organic Infant Formula
Shook Partner Frank Cruz-Alvarez and Associate Ravika Rameshwar have authored an article for the Washington Legal Foundation’s Legal Pulse discussing a New York federal court’s dismissal of a class action centered on infant formula marketed as organic. The complaint alleged that Abbott Laboratories, Inc. represented its Similac® Advance® as organic despite containing ingredients prohibited in…
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Abbott Labs Organic Formula Claims Preempted, Court Holds
A New York federal court has dismissed a lawsuit against Abbott Laboratories Inc. alleging the company’s Similac® Advance® infant formula is sold as organic but contains ingredients impermissible in organic foods under U.S. Department of Agriculture (USDA) regulations, finding the claims preempted by the Organic Foods Production Act of 1990 (OPFA). Marentette v. Abbott Labs., No.…