Blog Archives

Lanham Act Claims Are Not Precluded by Compliance with the FDCA

In POM Wonderful LLC v. Coca-Cola Co., (June 12, 2014), the U.S. Supreme Court confirmed that companies can bring unfair competition actions under the Lanham Act even when their competitors have complied with the Federal Food, Drug, and Cosmetic Act (FDCA).

Posted in California, False Advertising, Food and Drug Administration, Food Drug and Cosmetic Act, Food Manufacturer, Labeling Claims, Lanham Act, Preemption, Regulation

State GMO Labeling Laws: Friend or Foe?

Despite Vermont’s passage of its GMO labeling law and other states’ consideration of similar statutes, food manufacturers continue to support uniform federal legislation over the hodgepodge state-by-state approach that is developing. Pessimists among us might say that the FDA has

Posted in "All Natural", Class Action, Food and Drug Administration, Food Manufacturer, Genetically Modified Organism, GMO, High Fructose Corn Syrup, Labeling Claims, Regulation

Leading the Charge: Vermont Mandates GMO Labeling by 2016

While some states have passed GMO-labeling laws which contain a triggering-clause before they go into effect, Vermont has officially become the first state to pass a law, without any triggering-clause, requiring food manufacturers to label food as containing genetically modified

Posted in "All Natural", Class Action, Drug and Cosmetic Act, Food Manufacturer, Genetically Modified Organism, GMO, High Fructose Corn Syrup, Labeling Claims, Preemption, Regulation

NY Court’s Rejection of City’s Soda Restrictions May Chill Similar Health Mandates Says Rich Fama and Other Experts

In wake of the New York state court’s ruling striking down the New York City Department of Health’s controversial large soda ban, Law360 has this article describing the possible regulatory implications. The full opinion may be found here. About The

Posted in Food Manufacturer, High Fructose Corn Syrup, Municipal, Public Health, Regulation
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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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