Public Policy

Recent Posts

Genetically Modified Foods Labeling Laws Under Attack in Congress and Federal Court of Appeals
Posted on 4 Nov 2015 by DLA Piper

GM bill is likely to be introduced in US Senate. The industry-backed Safe and Accurate Food Labeling Act, [subscribers can access an enhanced version of this bill: lexis.com | Lexis Advance ], which would prohibit individual states from setting standards... Read More

Contaminated Cheese and Chicken
Posted on 25 Feb 2015 by DLA Piper

One person dies from listeria linked to soft cheeses. Two people have been hospitalized and one has died in an ongoing listeria outbreak purportedly linked to Hispanic-style soft cheeses. The three cases were all reported in Washington state. The cheeses... Read More

Food Safety Audit Firms May be Held Liable for Consumer Injuries Resulting from Negligent Inspections
Posted on 23 Dec 2014 by Keller and Heckman LLP

A food safety audit firm can be held to answer in court for claims that its negligence in performing an audit led to the sale of contaminated food and the subsequent injury, or death, of a consumer of that food. If ultimately found liable, the food safety... Read More

Navigating FDA and USDA Reporting/Notification Requirements for Adulterated and Misbranded Food
Posted on 3 Mar 2015 by Keller and Heckman LLP

When incidents of adulterated or misbranded food arise that trigger a need to report to or notify a federal agency, food companies face a number of somewhat confusing, and not always congruent, requirements. Both the U.S. Food and Drug Administration... Read More

Judge Permits Suit Against Whole Foods Over “All Natural” Claim To Proceed
Posted on 26 Jun 2014 by DLA Piper

By Stefanie Jill Fogel and Mary B. Langowski A federal judge in California has given the go-ahead for most claims in a lawsuit against Whole Foods Market based on the retailer’s use of the term “all natural” to proceed. The suit,... Read More

Appeals Court Hears Arguments Anew On Country-Of-Origin Labeling
Posted on 25 Jun 2014 by DLA Piper

By Stefanie Jill Fogel and Mary B. Langowski On May 19, the US Court of Appeals for the DC Circuit, sitting en banc, heard arguments in a case brought by the meat industry challenging COOL as a violation of free speech under the First Amendment. In... Read More

Vermont Attorney General's Office Releases Draft Regulations to Implement Genetically Engineered Food Labeling Law
Posted on 24 Dec 2014 by Keller and Heckman LLP

Vermont’s Office of the Attorney General has published draft regulations intended to implement the already enacted Vermont Genetically Engineered (GE) food labeling law. Vermont’s GE Labeling Law Vermont’s Act 120, [ enhanced version... Read More

Plaintiffs Challenging Food Labels May Be Required to Conduct Expensive Consumer Perception Surveys to Demonstrate Deception
Posted on 5 May 2015 by Keller and Heckman LLP

A federal judge in California recently made it more difficult for plaintiffs to demonstrate that food labels are misleading. The judge's ruling points to the need for consumer perception surveys to demonstrate that consumers were misled by allegedly... Read More

Grocery Manufacturers Association, Others Say 2009 FDA Guidance On Use Of the Term “Evaporated Cane Juice” Has Caused Chaos In Food Industry
Posted on 4 Jun 2014 by DLA Piper

By Stefanie Jill Fogel and Mary B. Langowski In 2009, the FDA told manufacturers not to use the term “evaporated cane juice” on the grounds that the term could be used to conceal the fact that a product contains added sugar. The... Read More

Tags: Food , sugar , natural , labeling

FDA Announces Final Determination that Partially Hydrogenated Oils are Not GRAS
Posted on 29 Jul 2015 by Keller and Heckman LLP

On June 16, 2015, FDA announced its final determination that there is no longer a consensus among qualified experts that partially hydrogenated oils (PHOs) are “generally recognized as safe” (GRAS) for any use in human food.[1] In effect,... Read More

FDA Announces Plan to Streamline Animal Food Regulation
Posted on 7 May 2015 by Keller and Heckman LLP

On March 27, 2015, FDA announced a strategy to establish ingredient definitions and standards for animal food. The goal of FDA’s strategy is to promote consistency in the Agency’s regulatory review and clearance of animal food ingredients... Read More

Tags: Food , animal , pet , FDA , additive , safety , feed

Food Court Report: Consumers Can Challenge Certified Organic Products They Believe Contain Improper Ingredients
Posted on 21 Jul 2015 by Keller and Heckman LLP

In Segedie v. The Hain Celestial Group, Inc. , [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], a trial court in the Southern District of New York held that plaintiffs had properly stated a claim of consumer fraud... Read More

Public Meeting on Proposed Rules to Change Nutrition Facts Label and Serving Sizes
Posted on 28 Jul 2014 by Keller and Heckman LLP

The Food and Drug Administration (FDA) held a public meeting on June 26, 2014 to discuss the proposed rules to revise the Nutrition Facts label and serving sizes.[1] The meeting featured an overview of the proposed rules by FDA, a panel on stakeholder... Read More

FSIS Proposes New Recordkeeping Requirements for Ground Beef Processors & Retailers
Posted on 4 Sep 2014 by Keller and Heckman LLP

USDA’s Food Safety and Inspection Service (FSIS) plans to propose a rule, in the coming days, that imposes new recordkeeping requirements on ground beef processor establishments and retail facilities. If adopted, this proposed rule, [ enhanced... Read More

Judge Finds No “Taking” Of Property in FDA Tomato Warning
Posted on 12 Nov 2014 by DLA Piper

By Stefanie Jill Fogel In 2008, the FDA issued a warning that tomatoes from Texas and New Mexico might be contaminated with salmonella, but did not prohibit their sale. In the wake of plummeting tomato sales, a group of growers sued the US government... Read More