Food & Beverage Litigation & Regulatory Update

Tag: gluten-free

  • California Lawsuit Alleges That P.F. Chang’s Surcharge on Gluten-Free Foods Violates ADA

    A consumer has filed a putative class action alleging the $1 surcharge that P.F. Chang’s imposes on its gluten-free menu items violates the Americans with Disabilities Act (ADA) by discriminating against those with celiac disease. Phillips v. P.F. Chang’s China Bistro, No. 15-344 (N.D. Cal., removed to federal court January 23, 2015). The complaint asserts that…

  • FDA Issues Lupin Allergy Warning

    The U.S. Food and Drug Administration (FDA) recently issued a consumer update warning that the lupin (or lupine) legume could cause allergic reactions in susceptible individuals, especially those with existing peanut allergies. According to FDA, the use of lupin-derived ingredients has increased in recent years because they are used in gluten-free products as a substitute…

  • Crickets are the Next Quinoa, NYT Suggests

    Crickets and other edible insects may be poised for widespread popularity, according to recent New York Times and NPR stories. Cricket flour—pulverized crickets in powder form—offers several nutritional benefits to consumers, including high levels of protein. The flour is gluten-free and compatible with the Paleo Diet, which eschews carbohydrates in favor of meat and vegetables,…

  • “Gluten-Free” Standards Take Effect

    The U.S. Food and Drug Administration (FDA) this week reminded consumers that “gluten-free” “now means what it says” after a final rule outlining the voluntary labeling standards took effect on August 5, 2014. According to FDA, the new standards stipulate that foods labeled “gluten-free,” “without gluten” or “no gluten” can contain gluten in amounts less…

  • TTB Updates Gluten Content Labeling Policy

    The U.S. Department of the Treasury’s Alcohol and Tobacco Tax and Trade Bureau (TTB) has issued a revised interim policy on gluten content statements permitted in wine, distilled spirits and malt beverage labeling and advertising. TTB took the action after reviewing the U.S. Food and Drug Administration’s (FDA’s) final rule on the use of “gluten-free”…

  • FDA Issues Final Rule for “Gluten-Free” Labeling

    The U.S. Food and Drug Administration (FDA) has issued a final rule defining the term “gluten-free” for voluntary food labeling. Among other things, the rule defines “gluten-free” to mean that a food does not contain (i) an ingredient that is a gluten-containing grain (e.g., spelt wheat); (ii) an ingredient derived from a gluten-containing grain that…

  • “Gluten-Free” Food Labeling Proposal Reopened for Additional Comment

    The Food and Drug Administration (FDA) has reopened the comment period for its proposed “gluten-free” food labeling rule. Originally published in January 2007, the proposed rule would have defined the term “for voluntary use in the labeling of foods, to mean that the food does not contain an ingredient that is any species of wheat,…

  • Lawmakers Urge FDA to Finalize Gluten-Free Labeling Rules

    Two U.S. senators have asked the Food and Drug Administration (FDA) to finalize standards for a 2007 proposed rule for gluten-free food labels. In a letter to FDA Commissioner Margaret Hamburg, Senators Ron Wyden (D-Ore.) and Patrick Leahy (D-Vt.) claim the delay is “creating unnecessary confusion for consumers and uncertainty for agricultural producers.” Included as part…