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Is That Covered? Timely Reporting of Food Claims l Business Interruption Coverage for Food Recall Claims

By Michael R. Kelley When food producers and distributors are faced with a product recall, one of the most common questions is: How soon, if at all, do you report the claim to your insurance company? The answer is simple—you should be reporting those claims as soon as possible. Otherwise...

Food Serving Size

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Food and Beverage News and Trends: Citizen Petition Filed For Hummus Standard of Identity

By Margaret D. Craig , Stefanie Jill Fogel , and Mary B. Langowski Citizen petition filed for hummus standard of identity . A citizen’s petition has been submitted to the FDA seeking to establish a standard of identity for hummus, based on the traditional ingredients of chickpeas and tahini...

Hummus with vegetables

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Grocery Manufacturers Association, Others Say 2009 FDA Guidance On Use Of the Term “Evaporated Cane Juice” Has Caused Chaos In Food Industry

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 Grocery Manufacturers Association and several industry...

wheat field

FDA Issues Guidance on Submission of Petitions and Notifications for Exemption from Allergen Labeling

Last month the Food and Drug Administration (FDA) released draft guidance for industry with instructions on how to obtain a food allergen labeling exemption through submission of a petition or notification to FDA.[1] The Food Allergen Labeling and Consumer Protection Act of 2004 (FACLPA) amended the...

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Appeals Court Hears Arguments Anew On Country-Of-Origin Labeling

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 March, a panel of that court denied the meat industry’s...

Judge Permits Suit Against Whole Foods Over “All Natural” Claim To Proceed

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, filed in November 2013, accuses Whole Foods of misleadingly...

"Battle of the Experts" Not Sufficient to Establish Violation of State Consumer Protection Acts

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 the claimed benefit for a dietary supplement had...