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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...

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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...

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Last month the Food and Drug Administration (FDA) released draft guidance for industry with instructions on how to obtain a food allergen labeling exemption through submission of a petition or notification to FDA.[1] The Food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

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...

"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...

Public Meeting on Proposed Rules to Change Nutrition Facts Label and Serving Sizes

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 perspectives with representatives from trade associations...

Vermont Attorney General's Office Releases Draft Regulations to Implement Genetically Engineered Food Labeling Law

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 available to lexis.com subscribers ], the measure...

Plaintiffs Challenging Food Labels May Be Required to Conduct Expensive Consumer Perception Surveys to Demonstrate Deception

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 false food labels. Consumer perception surveys...

How You Say It Makes a Difference - California False Advertising Claims Attacking "No Trans Fat" Labeling Gain Traction as Ninth Circuit Rejects Preemption Arguments

The United States Court of Appeals for the Ninth Circuit held, in relevant part, that a consumer states a valid claim for false advertising when a company claims "No Trans Fats" for a product which has less than 0.5 grams of trans fats per serving (but more than 0 grams) even though Food and...

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

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 based on alleged misuse of the term “organic...

Genetically Modified Foods Labeling Laws Under Attack in Congress and Federal Court of Appeals

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 for the labeling of foods made from genetically...