Category: Regulatory

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Industry Insight: Mississippi Reverses Course on Plant-Based Meat Alternative Labeling

As we reported in July 2019, many states have enacted laws related to the labeling of meat alternative products and limiting their use of meat-like descriptors like burgers or hot dogs. One such law recently took effect in Mississippi. Mississippi’s law, S.B. 2922, provided that a plant-based, insect-based, or cell-cultured food product “shall not be … Continue Reading

Industry Insights: FDA Sends First Warning Letter Under Recent Rule Regarding Imported Food

The Food Safety Modernization Act (“FSMA”) ushered in a sea change in the government’s regulation of food safety. Pursuant to FSMA, the FDA has promulgated a series of rules, including a 2015 rule related to the Foreign Supplier Verification Programs (the “FSVP Rule”). These programs set forth certain requirements to ensure food safety and appropriate … Continue Reading

Industry Insights: Outgoing FDA Commissioner Proposes Expedited Steps for Approval of CBD

On July 31, Dr. Scott Gottlieb, the outgoing FDA commissioner, published an editorial in which he proposed how the FDA could expedite approval of food and beverage products that contain cannabidiol (CBD).            In this update, we review Dr. Gottlieb’s proposal which highlights areas of concern for business involved in the CBD industry, such as labeling … Continue Reading

Industry Insights: States Have Beef With Labeling of Meat Alternatives

Across the country, states are enacting laws related to the labeling of meat alternative products. Missouri, Mississippi, Arkansas, and Louisiana have passed laws restricting the ability of vegetable-based proteins and other meat alternatives from labeling their products as burgers, hot dogs, sausage, or other meat-like descriptions. Proponents of the laws argue that the laws are … Continue Reading

Industry Insights: Coffee Products Exempted from Proposition 65

On Monday, June 3rd, California’s Office of Environmental Health Hazard Assessment (OEHHA) approved a new regulation exempting coffee from Proposition 65 warnings. The rule states that: “Exposures to chemicals in coffee, listed on or before March 15, 2019 as known to the state to cause cancer, that are created by and inherent in the processes … Continue Reading

Industry Insights: Highlights from the 2019 ACI “Food Law” Summit

Imported food contaminants, potential criminal liability for allergen-related deaths, and a growing demand for hemp seed and cannabidiol (CBD) products amidst regulatory uncertainty were all topics of discussion at this year’s American Conference Institute (ACI) Advanced Summit on Food Law Regulation, Compliance, and Litigation, held in Chicago.  Representatives from the country’s largest food manufacturers, food … Continue Reading

Food Litigation Year in Review 2018

Perkins Coie is pleased to present its third annual Food Litigation Year in Review, offering a summary of the year’s key litigation outcomes, regulatory developments, and filing data. Last year, pointing to uncertainty at the appellate level, Perkins Coie predicted continued litigation in 2018. Using metrics from our proprietary database, developed by our food litigation team … Continue Reading

Industry Insights: What Does the 2018 Farm Bill Mean for the Hemp and CBD Businesses?

On December 20, 2018, President Trump signed the Agriculture Improvement Act of 2018 (popularly known as the 2018 Farm Bill) into law. Among the broad-ranging provisions included in the law, it legalizes the cultivation and sale of hemp at the federal level, effective January 1, 2019. Hemp and cannabidiol (CBD) businesses have thrived in numerous … Continue Reading

Industry Insights: The New Nutrition Facts Panel

The Food and Drug Administration (FDA) is implementing changes to the Nutrition Facts Panel for food and beverage labels. Manufacturers are required to comply with the new requirements by January 1, 2020, although manufacturers with less than $10 million in annual food sales have an additional year, until January 1, 2021. Key changes include the following: … Continue Reading

Back to School: Food Litigation Trends Webinar

With summer drawing to an end and the kids going back to school, it’s time to check in on the latest food litigation trends. Please join Perkins Coie on Tuesday, September 18 at 1:00 PM ET/12:00 PM CT/10:00 AM PT for a review of the key developments and trends in food litigation. This 60-minute webcast … Continue Reading

Industry Insights: FDA Extends Deadline for Eliminating PHOs

The U.S. Food & Drug Administration determined in 2015 that Partially Hydrogenated Oils (PHOs) are not “Generally Recognized as Safe,” or GRAS. PHOs are the leading source of trans fats in the human diet. In the nutrition industry, much is disputed, but the unhealthy nature of trans fats, a form of unsaturated fat, is not. … Continue Reading

Industry Insights: GMO Labeling Update

The USDA and the Agricultural Marketing Service (AMS) have set forth the National Bioengineered Food Disclosure Standard (“the Rule”) for labeling food products that have been genetically modified. The Rule requires food companies to disclose information about bioengineered food and food ingredient content by labeling such food as “BE” (bioengineered). According to its summary, the … Continue Reading

Industry Insights: Doing Business in the Cannabis Industry

The cannabis industry is growing rapidly (by one estimate, the market for recreational cannabis was $9.2 billion in 2017, and is expected to grow as large as $47.3 billion by 2027). Many companies are seriously assessing the potential profit of indirect involvement in the industry by providing services to or investing in businesses that distribute, … Continue Reading

Food Litigation Year in Review

Perkins Coie has published its first Food Litigation Year in Review, covering key developments and trends in food litigation for calendar year 2016.  The Year in Review’s key insights include data-driven assessments of how (and where) the plaintiffs’ bar has continued its assault on the food industry in 2016. That data reflect the filing of … Continue Reading

Food Company Execs Looking to Minimize Criminal Exposure, DOJ Officials Offer Guidance

With the U.S. Department of Justice (DOJ’s) increasing focus on prosecuting “responsible corporate officers” under the criminal misdemeanor provision of the Food, Drug, and Cosmetic Act (FDCA), they have offered some guidance for food companies to demonstrate their commitment to safety compliance. For more information and guidance click here for the full article posted on … Continue Reading

Court Grants Defendants’ Motion, Staying Consolidated Action Involving “Healthy and All Natural” Claim on Primary Jurisdiction Grounds

In re Kind LLC “Healthy and All Natural” Litig., No. 1:15-md-02645 (S.D.N.Y.): The Court entered an order granting in part Defendants’ motion to dismiss this consolidated putative class action asserting violations of multiple states’ consumer protection laws and raising claims for breach of express warranty, unjust enrichment, and negligent misrepresentation.  Plaintiffs allege Defendants deceptively marketed … Continue Reading

FDA Sharpens Focus on Added Sugar

About 17 months after announcing a proposed rule that would require listing the amount of “Added Sugar” in food products in the Nutrition Facts label, the FDA has proposed an amended rule that would also require listing the percentage daily value for added sugar. Following consumer research and the issuance of additional scientific evidence establishing … Continue Reading
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