Food & Beverage Litigation & Regulatory Update

Tag: D.C.

  • Groups Sue EPA for Alleged Failure to Regulate Novel Nanotechnology Pesticide Products

    Several consumer and environmental groups, including the Center for Food Safety and Center for Environmental Health, have filed a lawsuit against the U.S. Environmental Protection Agency (EPA) seeking declaratory and injunctive relief for EPA’s alleged failure to respond to the groups’ 2008 petition calling for regulation of consumer products containing nano-sized versions of silver. Ctr. for…

  • Court Dismisses Lawsuit Challenging FDA’s Inaction on Mercury Labeling

    A federal court has granted summary judgment for the U.S. Food and Drug Administration (FDA) in a lawsuit brought by the Center for Science in the Public Interest (CSPI) and Mercury Policy Project (MPP) alleging that the agency has egregiously delayed a response to the organizations’ 2011 petition urging FDA to require the labeling of…

  • D.C. Circuit Refuses to Hear COOL Regulation Challenge Again

    The D.C. Circuit Court of Appeals has denied the requests of meat-producer interests to rehear arguments in a case challenging the U.S. Department of Agriculture’s (USDA’s) country-of-origin labeling (COOL) rules as a violation of First Amendment rights. Am. Meat Inst. v. USDA, No. 13-5281 (D.C. Cir., order entered October 31, 2014). Under the regulations, amended…

  • FDA Agrees to Finalize GRAS Rule by August 2016

    According to a proposed consent decree filed in a D.C. district court, the U.S. Food and Drug Administration (FDA) will “submit a final rule regarding ‘Substances Generally Recognized as Safe’ [GRAS] to the Federal Register for publication no later than August 31, 2016.” Ctr. for Food Safety v. Burwell, No. 14-0267 (U.S. Dist. Ct., D.D.C.,…

  • Poultry Inspection Rules Changes Challenged

    Nonprofit consumer advocacy organization Food & Water Watch, Inc. and two of its members have filed an action against the U.S. Department of Agriculture (USDA) and its Food Safety and Inspection Service seeking to enjoin their new National Poultry Inspection System (NPIS) rules. Food & Water Watch, Inc. v. Vilsack, No. 14-1547 (D.D.C., filed September 11,…

  • D.C. Circuit Orders En Banc Rehearing in AMI Challenge to COOL Rules

    The D.C. Circuit Court of Appeals has vacated a panel’s March 28, 2014, denial of the motion for preliminary judgment filed by meat producer interests in litigation challenging U.S. Department of Agriculture (USDA) regulations requiring retailers of “muscle cuts” of meat to list the countries of origin and production (country-of-origin labeling, or COOL) as to…

  • D.C. Circuit Upholds Meat-Source Labeling Requirements

    In a 9-2 en banc decision, the District of Columbia Circuit has affirmed an earlier panel decision that the U.S. Department of Agriculture (USDA) can require meat producers to include country-of-origin labeling (COOL) on their packaging. Am. Meat. Inst. v. USDA, No. 13-5281 (D.C. Cir., order entered July 29, 2014). The First Amendment allows for…

  • Nutrition Standards to Be Implemented for Food, Beverages Sold on D.C. Government Property

    The District of Columbia City Council this week overrode Mayor Vincent Gray’s veto of the 2015 budget, which includes a directive for the issuance of “healthy food and beverage standards” for vending machine and other concession offerings sold or served on District government property. Encouraging fare that includes fruits, vegetables and other offerings low in…