This month, FDA showed a willingness to catch up with the recent trends, advancements, and developments in the food and beverage industry by reconsidering years-old regulations regarding products labeled as “healthy.” Kind, a snack food company, was publicly condemned last…
Blog Archives
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…
Cozen O’Connor to Attend Snack Food Association’s Legislative Summit
Cozen O’Connor has been at the forefront of defending consumer class action lawsuits involving food and beverage labeling for years. On April 9th and 10th we will be taking the fight from the courtroom to Capitol Hill at the Snack Food…
7th Circuit: Nothing “Loko” About Denying Defense Based on Liquor Liability Exclusion
In Netherlands Insurance Company v. Phusion Projects, the Seventh Circuit Court of Appeals ruled that the insurer of the makers of Four Loko has no duty to defend it in lawsuits alleging the alcoholic beverage caused serious injury and death. …
