Food & Beverage Litigation & Regulatory Update

Tag: FDA

  • Additional Heavy Metals Baby Food Lawsuit Dismissed

    A New Jersey federal court has dismissed claims filed against Plum PBC and Campbell Soup Co. alleging the companies sold baby food products containing high levels of heavy metals. In re Plum Baby Food Litig., No. 21-2417 (D.N.J., entered October 31, 2022). In finding that the plaintiffs lacked standing, the court echoed the reasoning followed by…

  • FDA Releases Foodborne Illness Report

    The U.S. Food and Drug Administration (FDA) has announced the release of the Interagency Food Safety Analytics Collaboration’s annual report, which provides data on source attribution estimates for 2020 for Salmonella, E. coli and Listeria monocytogenes. The findings include that (i) “Salmonella illnesses came from a wide variety of foods”; (ii) “E. coli O157 illnesses were most often linked to…

  • Public Meeting Announced for National Advisory Committee on Microbiological Criteria for Foods

    The U.S. Department of Agriculture has announced a November 15, 2022, public meeting to discuss and vote on adopting measures related to controlling Salmonella in poultry products. The meeting will also include an update on actions related to Cyclospora cayetanensis as well as an additional work charge on Cronobacter in powdered infant formula. Parties interested in expressing comments…

  • FDA Releases Proposed “Healthy” Definition Update

    The U.S. Food and Drug Administration (FDA) has announced a proposed update to guidance on how the term “healthy” can be used in marketing and labeling food products. The announcement notes that current limitations on usage of the term are out of step with the dietary guidelines—for example, salmon is excluded from permitted use due…

  • FDA Releases Activities Document Detailing Its Approach to Produce Imports

    The U.S. Food and Drug Administration (FDA) has released an activities document outlining how the agency is working to enhance the safety of fresh produce imported into the United States. The Activities to Enhance the Safety of Imported Produce, announced September 27, builds on the FDA’s Strategy for the Safety of Imported Food, which began…

  • Biden Administration Releases National Food Strategy

    The White House has released the “Biden-Harris National Strategy on Hunger, Nutrition and Health,” which lays out the Biden administration’s policy goals on a number of food-related subjects. The third pillar of the strategy includes the administration’s intention to (i) “develop a front-of-package (FOP) labeling system to quickly and easily communicate nutrition information”; (ii) “make…

  • CSPI Urges FDA to Establish Standardized Front-of-Package Labeling

    The Center for Science in the Public Interest (CSPI) has filed a regulatory petition asking the U.S. Food and Drug Administration (FDA) “to require on the principal display panel of a food an easy-to-understand, standardized system that is 1) mandatory, 2) nutrient-specific, 3) includes calories, and is 4) interpretative with respect to the levels of…

  • GAO Issues Report on Promoting Healthy Eating Across Agencies

    The U.S. Government Accountability Office (GAO) has issued a report suggesting that federal agencies can better coordinate guidance on healthy eating. The report found that GAO’s previous recommendations had not been implemented, including a 2021 recommendation that Congress “consider identifying and directing a federal entity to lead a strategy on diet-related efforts.” The agency also…