Food & Beverage Litigation & Regulatory Update

Tag: labeling

  • FDA Releases Draft Honey Labeling Guidance

    The U.S. Food and Drug Administration (FDA) has issued draft guidance concerning the proper labeling of honey and honey products to ensure that such products “are not adulterated or misbranded.” In light of its earlier refusal to create a new standard of identity for honey, the agency developed the guidance to respond to labeling issues…

  • Bill Seeks to Block Mandatory GM Labeling

    U.S. Rep. Mike Pompeo (R-Kansas) has introduced legislation (H.R. 4432) that would prohibit states from implementing labeling laws for foods that contain genetically modified (GM) ingredients. Titled the “Safe and Accurate Food Labeling Act,” the bill would (i) require the U.S. Food and Drug Administration (FDA) to mandate GM labeling only if those foods “are…

  • Food Labeling Claims Against Costco Narrowed

    A federal court in California has dismissed the claims of one named plaintiff in a putative class action alleging that certain Costco Kirkland branded products are misbranded and deceptive, and narrowed the claims of the other named plaintiff. Thomas v. Costco Wholesale Corp., No. 1202908 (N.D. Cal., order entered March 31, 2014). The plaintiff whose…

  • Court Trims Causes of Action in Labeling Suit Against Whole Foods

    A federal court in California has granted in part and denied in part the motion to dismiss filed in a putative class action against Whole Foods Market. Pratt v. Whole Foods Mkt. Cal., Inc., No. 12-5652 (N.D. Cal., order entered March 31, 2014). The claims relate to a number of 365 Everyday Value® products that the…

  • NJ Lawmakers Introduce Bill Addressing Calorie-Content Posting of Foods Sold in Entertainment Facilities

    New Jersey lawmakers have introduced a bill (A2990) that seeks to amend legislation requiring retail food establishments to provide calorie information for food and beverages. Proposed by Assemblywomen Nancy Pinken (D-Middlesex) and Linda Stender (D-Middlesex, Somerset and Union), the bill would require entertainment facilities to provide calorie information for food and beverage items offered for…

  • A.L.R. Publishes on Trans Fat Labeling/Promotions Litigation

    American Law Reports (A.L.R.) has published an annotation titled “Liability of Food Manufacturer Based on Statement in Product Labeling or Promotion Relating to, or Inconsistent with Presence of, Trans Fat in Product.” 92 A.L.R.6th 141 (2014). It “collects and analyzes all the federal and state cases discussing the liability, when not precluded by federal preemption,…

  • CSPI Sues FDA for Delay in Response to Mercury-Labeling Petition

    The Center for Science in the Public Interest (CSPI) and Mercury Policy Project have sued the U.S. Food and Drug Administration (FDA), seeking a declaration that the agency’s delay in responding to their citizen petition on labeling fish with high levels of mercury is unreasonable and violates the Administrative Procedure Act and Federal Food, Drug,…

  • Snyder’s-Lance Seeks Dismissal of “Natural” Class Action Complaint

    Snack maker Snyder’s Lance, Inc. has filed a motion to dismiss an amended class complaint filed by representative plaintiffs alleging that the company misleads consumers by labeling its products as “natural” when they contain genetically modified ingredients. Barron v. Snyder’s Lance, Inc., No. 13-62496 (S.D. Fla., Miami Div., motion filed March 10, 2014). Among other…