Food & Beverage Litigation & Regulatory Update

Tag: labeling

  • Health Canada Approves GE Salmon

    Health Canada and the Canadian Food Inspection Agency have determined that AquAdvantage Salmon “is as safe and nutritious for humans and livestock as conventional salmon.” Approving the genetically engineered (GE) salmon for sale in Canada, the two agencies cited a similar decision issued by the U.S. Food and Drug Administration in November 2015. “Health Canada…

  • FDA Revises Food Labels to Reflect Added Sugars, New Portion Sizes

    The U.S. Food and Drug Administration (FDA) has announced revisions to the Nutrition Facts label designed to emphasize “the link between diet and chronic diseases such as obesity and heart disease.” In addition to highlighting calories, servings per container and serving-size declarations through a combination of increased type size and boldface, the new labels will…

  • Ninth Circuit Denies Rehearing of Costco “Natural” Water Suit

    The Ninth Circuit Court of Appeals has affirmed a dismissal of a consumer lawsuit against Costco Wholesale Corp. alleging mislabeling claims against VitaRain Tropical Mango Vitamin Enhanced Water Beverage. Maple v. Costco Wholesale Corp., No. 13-36089 (9th Cir., order entered May 9, 2016). The plaintiff had alleged the product was mislabeled because the product contains…

  • FDA to Reevaluate Use of “Healthy” on Food Labels

    The U.S. Food and Drug Administration (FDA) will reconsider how “healthy” may be used on food packaging following the evaluation of a citizen petition filed by Kind LLC. FDA previously challenged Kind’s use of “healthy” on its nut bars, which contain more fat than permitted due to the inclusion of nuts, and Kind changed its…

  • FDA Survey Finds Nine in 10 Consumers Rely on Food Labeling Claims

    The U.S. Food and Drug Administration’s (FDA’s) Center for Food Safety and Applied Nutrition has published a report finding that 77 percent of surveyed adults use the Nutrition Facts label at least some of the time when buying a food product. Intended to help the agency regulate food and dietary supplement labeling, the 11th edition…

  • FDA Issues Final Guidance for Compliance with Menu Labeling Rule

    The U.S. Food and Drug Administration (FDA) has issued final guidance to help chain establishments with 20 or more locations (e.g., grocery and convenience stores, quick-service and fast-food restaurants, pizza delivery outlets, and movie theaters) comply with menu labeling requirements for standard menu items and self-service offerings under the Federal Food, Drug, and Cosmetic Act.…

  • Lawsuit Alleges Company Substituted Jumbo Squid for Octopus

    A consumer has filed a proposed class action against Vigo Importing Co. alleging its octopus product is actually jumbo squid, “which is significantly cheaper and of a lower quality than octopus.” Fonseca v. Vigo Importing Co., No. 16-2055 (N.D. Cal., San Jose Div., filed April 19, 2016). The complaint details each animal’s taxonomy within the…

  • Heinz False Source Suit Dismissed

    A California federal court has dismissed a lawsuit alleging Kraft Heinz Food Co. mislabels its Heinz sauces as manufactured in the United States despite containing ingredients sourced outside the country, including turmeric, tamarind extract and jalapenos. Alaei v. Kraft Heinz Food Co., No 15-2961 (S.D. Cal., order entered April 22). The complaint failed to meet…