What it means for food to be “natural” has become a topic of contentious debate, and the Food and Drug Administration (“FDA”) entered the fray earlier this year, requesting comments on use of the term on food labeling. Some courts,…
Blog Archives
GMO Labeling Debates Forge On After Close Senate Vote
The GMO war rages on after a close vote in the Senate last week addressing proposed voluntary, national standards for GMO labeling. A 48-49 split means the Senate failed to invoke cloture to bring the Biotechnology Labeling Solutions Bill to…
Posted in GMO, Labeling Claims
The Safe and Accurate Food Labeling Act’s Impact
FDA’s steadfast position against formally addressing “Natural” claims on food products may soon be forced to change if the Safe and Accurate Food Labeling Act, which the House of Representatives passed on July 23, 2015, is enacted. The Safe and…
Tagged with: FDA, gmo, safla
Posted in "All Natural", Food, Food and Drug Administration, Labeling Claims
Posted in "All Natural", Food, Food and Drug Administration, Labeling Claims
Harsh Words for KIND Bars
Kind, LLC received a rude awakening from the FDA when it notified the popular snack-maker that it was violating numerous federal regulations by allegedly misbranding four popular products. Kind is known for its widely-popular snack bars which are marketed as…
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).…
Raising “Cane” in Labeling Claims
Class action plaintiffs again allege that the labeling on Chobani’s Greek yogurt violates FDA regulations and misleads consumers, even though a federal court in California dismissed a similar labeling class action earlier this year. The New York complaint filed in…
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…
Here We Go Again: Primary Jurisdiction and Deference to FDA
We have been here before: in an attempt to capitalize on the ambiguities and uncertainties in product labeling, the plaintiffs’ bar focuses on phrases and ingredients for which there is little FDA guidance. Last year, the industry saw many lawsuits…
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…
New York State Takes Another Step Toward GMO Food Labeling Requirement
New York State has come one step closer to joining other states seeking to require manufacturers to label foods that contain genetically modified organisms (GMOs). A-3525, a bill sponsored by New York Assemblywoman Linda Rosenthal (D), was first introduced in January…
