Food & Beverage Litigation & Regulatory Update

Tag: infant

  • Baby Formula Comparison to Breast Milk Confuses Consumers, Lawsuit Alleges

    A plaintiff has filed a putative class action alleging Abbott Laboratories Inc.’s Similac Pro-Advance infant formula is advertised as the company’s “closest formula to breastmilk,” allegedly misleading consumers into believing that the formula can convey the same benefits as breast milk. Conner v. Abbott Labs. Inc., No. 21-1463 (S.D. Ill., Benton Div., filed November 20,…

  • FDA Releases Plan for Reducing Infant Exposure to Heavy Metals

    The U.S. Food and Drug Administration (FDA) has released “Closer to Zero,” its action plan for reducing infants’ exposure to heavy metals following a Congressional report on toxic elements in baby foods. “Although the FDA’s testing shows that children are not at an immediate health risk from exposure to toxic elements at the levels found…

  • Senators Introduce Baby Food Safety Act

    U.S. Sens. Amy Klobuchar (D-Minn.) and Tammy Duckworth (D-Ill.) have introduced the Baby Food Safety Act of 2021, which aims to “require manufacturers of infant and toddler food to implement preventive controls to comply with performance standards under Section 104 of the FDA Food Safety Modernization Act (FSMA).” The act would establish action levels for…

  • EFSA Releases Guidance on Allergen Labeling, GMOs, Infant Formula, More

    The European Food Safety Authority (EFSA) has released several guidance documents to aid stakeholders in complying with EU regulations on food issues implemented on March 27, 2021. The publications provide guidance on: Applying for an exemption from mandatory food allergen labeling; Renewing applications for genetically modified organisms (GMOs) in food and feed; Preparing applications for…

  • FDA Announces Actions on Metals in Baby Food

    The U.S. Food and Drug Administration (FDA) has responded to the House report on levels of heavy metals in baby food with the promise of additional action. The FDA statement notes, “First, today we issued a letter to industry reminding manufacturers of these types of foods of their existing responsibilities related to these efforts. Secondly,…

  • FDA Responds to Baby Foods Congressional Reports as Class Actions Are Filed

    The U.S. Food and Drug Administration (FDA) has issued a constituent update responding to the Senate’s report on elevated levels of heavy metals in baby foods. “While the report released on February 4, 2021 by the U.S. House of Representatives Committee on Oversight and Reform Subcommittee on Economic and Consumer Policy raises important questions on…

  • Toddler Formula Companies Hit with Lawsuits

    Three similar lawsuits were filed against Target Corp., Gerber Products Co. and Mead Johnson & Co. alleging their “transition” formulas intended for 9- to 18-month-old children are misleadingly marketed as reviewed and monitored by the U.S. Food and Drug Administration to the same extent infant formulas are. Gavilanes v. Gerber Prods. Co., No. 20-5558 (E.D.N.Y.,…