Food & Beverage Litigation & Regulatory Update

Tag: FDA

  • FDA Issues Warning Letters, Consumer Update on CBD, Sparking Litigation Against CBD Cos.

    The U.S. Food and Drug Administration (FDA) has issued a consumer update on cannabidiol (CBD) products and other products containing ingredients derived from cannabis. The update clarified that FDA “is concerned that people may mistakenly believe that trying CBD ‘can’t hurt’” because the agency has “seen only limited data about CBD’s safety and these data…

  • GAO Recommends FDA Establish Sampling Process for Seafood Imports

    The Government Accountability Office (GAO) has released a recommendation that the U.S. Food and Drug Administration (FDA) establish a process that ensures the agency tests at least one shipment of imported seafood before removing it from alert status. GAO reviewed 274 removal decisions between 2011 and 2018 and found that FDA did not conduct audits…

  • Whole Foods Oatmeal Hides Sugar Content, Plaintiff Alleges

    A consumer has filed a putative class action alleging Whole Foods Market Group Inc. lists “organic dehydrated cane juice solids” as an ingredient in its 365 Everyday Value instant oatmeal rather than “sugar.” Warren v. Whole Foods Mkt. Grp. Inc., No. 19-6448 (E.D.N.Y., filed November 15, 2019). “Consumers expect ingredients on a product to be…

  • Olive Oil Group Seeks Standard of Identity from FDA

    The American Olive Oil Producers Association has filed a citizen petition urging the U.S. Food and Drug Administration (FDA) to “promulgate regulations for the standards of identity for olive oil and olive-pomace oil.” The lack of standard of identity has led to “widespread mislabeling of grades, adulteration, consumer mistrust, and unfair and unethical industry business…

  • FDA, FTC Warn CBD Company for Unsubstantiated Claims

    The U.S. Food and Drug Administration (FDA) and Federal Trade Commission (FTC) have announced a joint warning letter sent to Rooted Apothecary LLC focused on the potential benefits that the company claimed its cannabidiol (CBD) products could provide. “The Agency continues to be concerned about the proliferation of products asserting to contain CBD that are…

  • CFS Urges FDA to Have Impossible Burgers Pulled from Grocery Stores

    The Center for Food Safety (CFS) has submitted a letter to the U.S. Food and Drug Administration’s (FDA’s) Office of Food Additive Safety arguing that the sale of “uncooked Impossible Burgers to consumers in grocery stores” is unlawful because FDA “received timely objections to the agency’s approval of Impossible Foods’ color additive petition.” CFS argues…

  • Sen. Schumer Calls for FDA Action on Heavy Metals in Baby Food

    Sen. Chuck Schumer (D-N.Y.) has reportedly called for action from the U.S. Food and Drug Administration (FDA) in response to a study purportedly showing that 95% of baby foods contained at least some lead, arsenic, mercury or cadmium content. Schumer reportedly said that consumers “rightfully expect those foods to be undeniably safe, appropriately regulated and…

  • FDA Warns Company Selling CBD Oil

    The U.S. Food and Drug Administration has published a warning letter it sent in September 2019 to a company selling cannabidiol (CBD) oil as a dietary supplement. “This product is labeled as a dietary supplement; however, it cannot be a dietary supplement because it does not meet the definition of a dietary supplement,” the letter…