Blog Archives

Don’t Overstep Regulations: Third Circuit Rules that FDA Regulations Trump State Causes of Action in Trans-Fat Labeling Claim

The Third Circuit Court of Appeals recently ruled that FDA regulations preempted a consumer class action complaint alleging that trans-fat content and cholesterol-reduction claims on light spread butter and margarine substitutes misled customers. This decision adds to the growing list

Posted in "No Trans Fat", "Proven to Reduce Cholesterol", Class Action, False Advertising, Food, Food and Drug Administration, Food Drug and Cosmetic Act, Labeling Claims, Nutrition Labeling and Education Act, Preemption

The Not So Surprising PCA Indictment

Federal authorities have brought felony charges against former Peanut Corporation of America officials for their role with the fatal 2009 Salmonella outbreak that sickened over 700 and killed 9.  Although this prosecution may be the most significant of its kind

Posted in Contamination, Drug and Cosmetic Act, Food, Food and Drug Administration, Food Manufacturer, Food Recall, Food Safety, Fraud, Salmonella

Minnesota’s “Impairment of Function and Value” Test Determines Whether Recalled Food Constitutes Property Damage

We often associate food recalls with harmful and contaminated products but manufacturers actually issue recalls for a variety of reasons.  Companies sometimes issue recalls because of suspected, but not confirmed, contamination or other quality control issues.  Other times, they issue

Posted in "Impaired Property" Exclusion, "Product Recall" Exclusion, "Your Product" Exclusion, Food and Drug Administration, Food Manufacturer, Food Recall, Food Safety, Insurance Coverage, Liability Policy, Policy Exclusions, Property Damage

“All Natural” Food Labeling Claims Trending in California

New Year’s resolutions may already be waning but consumers continue to purchase foods and beverages bearing the “All Natural” labels in an effort to eat healthier.  The only food trend hotter than buying “Natural” foods and beverages is suing the

Posted in "All Natural", California, Class Action, Class Certification, False Advertising, Food and Drug Administration, Food Manufacturer, Genetically Modified Organism, High Fructose Corn Syrup, Labeling Claims, Standing, Sugar Substitutes
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Cozen O’Connor has a national team of attorneys experienced in handling food contamination and product recall coverage matters related to first-party, third-party and specialty policies. The firm also developed a Food, Beverage & Nutritional Products Industry Team to provide advice and counsel to a wide range of companies connected directly and indirectly to the food and beverage industry.
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