Public Policy

Recent Posts

Defeat of Washington I-522 GMO Labeling
Posted on 5 Dec 2013 by DLA Piper

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

"Battle of the Experts" Not Sufficient to Establish Violation of State Consumer Protection Acts
Posted on 24 Jul 2014 by Keller and Heckman LLP

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

The Federal Trade Commission Again Targets 'Made-In-USA' Claims
Posted on 21 Nov 2013 by GreenbergTraurig

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

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 Issues Final Guidance Distinguishing Liquid Dietary Supplements from Beverages
Posted on 3 Mar 2014 by GreenbergTraurig

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

"Made in USA" Jeans Case
Posted on 24 Feb 2015 by Keller and Heckman LLP

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

FDA Opens Plan to Let Generic Drug Manufacturers Update Labels to Debate
Posted on 23 Apr 2015 by Duane Morris LLP

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

Tags: drugs , generic , warn , FDA , labeling

A Brief History and Overview of Country of Origin Labeling Requirements
Posted on 27 Jan 2014 by Keller and Heckman LLP

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

FDA Declines to Define "Natural"
Posted on 5 Feb 2014 by DLA Piper

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

FDA Finalizes Rule Prohibiting Certain Nutrient Content Claims for Omega-3 Fatty Acids
Posted on 19 May 2014 by Keller and Heckman LLP

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

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