State-sponsored GMO-labeling efforts faced defeat in Washington State’s November 2013 election. Voters rejected Washington State’s Initiative Measure 522 (I-522) proposal, 51.21 percent to 48.79 percent.1 Washington’s I-522, known... Read More
In the increasingly litigious area of food labeling claims, manufacturers received a little help in a recent decision from a federal judge in Maryland, [ enhanced version available to lexis.com subscribers ]. Reviewing a consumer’s assertion that... Read More
After a period of relative inactivity, the FTC last month has again brought an enforcement action under its 1997 Policy Statement on “Made in USA” claims. The Policy Statement prohibits advertising a product as “Made in USA” (or... Read More
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
The Food and Drug Administration (FDA) has issued a long-awaited and much anticipated, revised and now, final Guidance for Industry entitled, “Distinguishing Liquid Dietary Supplements from Beverages.” The FDA had previously issued a Draft... Read More
A federal court recently ruled that the Federal Trade Commission Act and the Textile Fiber Products Identification Act (TFPIA) do not preempt the California law that prohibits the use of the “Made in U.S.A.” label if any part of a product... Read More
In response to the U.S. Supreme Court's holding in Pliva v. Mensing , 131 S. Ct. 2567 (2011), [ enhanced version available to lexis.com subscribers ], that federal laws and regulations preempted state failure-to-warn claims, the U.S. Food and Drug... Read More
Country of Origin Labeling (COOL) laws and regulations require retailers to notify their customers of the country of origin of covered commodities, which include beef, veal, lamb, chicken, fish and shellfish, goat, pork, perishable agricultural commodities... Read More
In a much anticipated letter response, FDA has officially declined the opportunity to administratively determine whether foods containing bioengineered ingredients may be labeled as “Natural,” “All Natural” or “100% Natural... Read More
On April 28, 2014, the Food and Drug Administration (FDA) published a final rule that will prohibit certain nutrient content claims for foods and dietary supplements containing the omega-3 fatty acids docosahexaenoic acid (DHA), eicosapentaenoic acid... Read More
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