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Keller And Heckman LLP: 7th Circuit Affirms Federal Law Barred Non-Identical State Law Food Labeling Requirements

On October 17, 2011, the U.S. Court of Appeals for the Seventh Circuit affirmed the dismissal of Turek v. General Mills, Inc. and Kellogg Co. , No. 10-3267, Slip op. (7th Cir. October 17, 2011), by the U.S. District Court for the Northern District of Illinois, Eastern Division. In its disposition of...

The FDA Goes Gluten Free: More to Come

We'll have plenty more about the FDA gluten-free labeling rule that came out Friday. While I'm still digesting the 95 pages of the release, I wanted to point out something in the FDA's update that echoed what was in my last entry . In describing why the FDA chose 20 ppm as the level below...

The FDA Goes Gluten-Free: Let's Speed It Up

The FDA's final rule on gluten-free labeling was published in the Federal Register on August 5, 2013, with a mandatory date for compliance of one year thereafter, or August 5, 2014. But the FDA makes clear that this is an outside date. "However, as stated, FDA anticipates that manufacturers...

EU Food Policy - What's New On The Menu? Food Labeling and Much More

EU Regulation on Food Labeling - Next Steps On 25 October 2011, the European Parliament and the Council adopted Regulation (EU) No 1169/2011 on the provision of food information to consumers (hereinafter, the ‘FIC Regulation’). The FIC Regulation establishes the legal framework for...

Defeat of Washington I-522 GMO Labeling

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 as the “Mandatory Labeling of Genetically Engineered...

The End of Trans Fats? FDA Issues Tentative Determination on Trans Fats In Processed Foods

The US Food and Drug Administration has issued a Federal Register notice with its preliminary determination that partially hydrogenated oils (PHOs), the primary dietary source of artificial trans fat in processed foods, are not “generally recognized as safe” (GRAS) for use in food.[1] ...

Is Soy Milk to Milk as E-Books are to Books?

I don't think we need a lot of scientific research to determine why people drink soy milk, almond milk and coconut milk. I'll save some time and list them, not in any particular order: They are lactose-intolerant They are living a vegan lifestyle They prefer the taste to cow's...

A Brief History and Overview of Country of Origin Labeling Requirements

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, macadamia nuts, pecans, ginseng, and peanuts...

A "Vibe" is Not Enough: Ben & Jerry's "All Natural" Case Loses Class Certification

You'll remember the scene from "Casablanca." Ilse (Ingrid Bergman) comes in and Rick (Humphrey Bogart) says, "Your unexpected visit isn't connected by any chance with the letters of transit. It seems as long as I have those letters, I'll never be lonely ." That's sort...

VPN and Pizza: The Right Way To Deal with Food Claims

An article in Thursday's Wall Street Journal reminded me of a point I’ve been trying to make for years but didn’t have a good hook to do so. Now that this idea is in print, I do, so here goes. The article concerns a group called Associazione Verace Pizza Napoletana , which gives pizzerias...

Supreme Court: Food Label Challenges Are Allowable Under Lanham Act

WASHINGTON, D.C. — (Mealey’s) The Ninth Circuit U.S. Court of Appeals erred in holding that a private party cannot allege Lanham Act false advertising in connection with a product label regulated under the Food, Drug and Cosmetic Act (FDCA), the U.S. Supreme Court unanimously ruled today...

FDA’s New Menu Labeling and Vending Machine Requirements: 10 Key Answers For Food Businesses

by Scott W. Pink and Barry M. Heller The Food and Drug Administration has finalized its rules requiring that calorie information be listed on menus and menu boards of chains with at least 20 units operating under the same name and in connection with vending machines with at least 20 locations. The...

Is Paleo the New Black?

An article by two lawyers at Reed Smith, Drew Amoroso and David S. Reidy , entitled “Is ‘Paleo’ The Next Battleground In Food Litigation?” , reminded me of this prior article , the one I wanted to call “Don’t Make Artisan the New Natural”. Their article is behind...

Food Court Report: Consumers Can Challenge Certified Organic Products They Believe Contain Improper Ingredients

In Segedie v. The Hain Celestial Group, Inc. , a trial court in the Southern District of New York held that plaintiffs had properly stated a claim of consumer fraud based on alleged misuse of the term “organic [ an enhanced version of this opinion is available to lexis.com subscribers ]. ”...