Tag Archives: LABELING

FDA Will Exercise Enforcement Discretion for the Use and Labeling of “Ultrafiltered Milk” in Certain Cheeses and Cheese Products

Mechanical filtration technologies available for milk processing include ultrafiltration.  Ultrafiltered milk (UF Milk) is milk that is mechanically filtered via semipermeable membranes to partially remove water, lactose, minerals, and water-soluble vitamins without altering the “casein to whey protein” ratio of the milk and resulting in a liquid product. FDA’s regulations specify the standards of identity … Continue Reading

Canadian Study Identifies Off-Label Meat in 1 in 5 Sausages

Funded by the Canadian Food Inspection Agency (CFIA), University of Guelph researchers have conducted the first-ever Canadian study examining sausage mislabeling. The study examined 100 sausages that were labeled as containing just one ingredient — beef, pork, chicken or turkey. Published on July 31, 2017 in Food Control, the study found cross-species contamination of meat ingredients in … Continue Reading

GM Labeling Rule Update – USDA Extends Deadline for Stakeholder Input

As previously reported on this blog, legislation requiring labeling of genetically modified (GM) foods and food ingredients was signed into law on July 29, 2016.  This law directs the U.S. Department of Agriculture (USDA) to develop regulations and standards to create mandatory disclosure requirements for bio-engineered foods by July 2018.  Under the new law, food companies would have three … Continue Reading

GE Salmon Labeling Mandate Included in Senate Appropriations Bill

As previously reported on this blog, Senate Bill 764, which requires the labeling of genetically modified (GM) foods and food ingredients, was signed into law on July 29, 2016. The National Bioengineered Food Disclosure Law directs the U.S. Department of Agriculture (USDA) to develop regulations and standards to create mandatory disclosure requirements for bio-engineered foods by July 2018. Under the … Continue Reading

USDA Publishes Questions to Facilitate Drafting of GMO Labeling Requirements

As previously reported on this blog, legislation requiring labeling of genetically modified (GM) foods and food ingredients was signed into law on July 29, 2016.  This law directs the U.S. Department of Agriculture (USDA) to develop regulations and standards to create mandatory disclosure requirements for bio-engineered foods by July 2018.  Under the new law, food companies would have three … Continue Reading

New “Natural” Lawsuit Targets Sanderson Farms’ “100 Percent Natural” Chicken

A leading poultry producer has been sued over “natural” claims on its chicken products.  (subscription to Law360 required) Americans’ increasing appetite for clean label, ethically-raised foods has resulted in the continued proliferation of consumer advocacy litigation targeting “natural” claims for products containing synthetic ingredients or preservatives.  Adding fuel to the continued uptick in “natural” litigation … Continue Reading

Dairy Terms Cannot be Used to Market Plant-Based Products Under EU Law, Says Court

The Court of Justice of the European Union ruled that purely plant-based products cannot be marketed with designations such as “milk,” “cream,” “butter,” “cheese” or “yogurt,” unless an exemption is listed in Regulation (EU) No 1308/2013. The decision stems from a lawsuit filed by a German association that combats unfair competition against TofuTown, a German … Continue Reading

USDA Continues to Make Progress on GMO Labeling Rules

As previously reported on this blog, a new federal law requiring labeling of genetically modified (GM) foods and food ingredients was signed into law on July 29, 2016.  This law directs the U.S. Department of Agriculture (USDA) to develop regulations and standards to create mandatory disclosure requirements for bio-engineered foods by July 2018.  Under the new law, food companies would … Continue Reading

Kraft Motion to Dismiss ‘All Natural’ Lawsuit

Kraft seeks to end ‘all-natural’ sour cream labeling suit (subscription to Law360 required) Kraft Heinz Foods Co. (Kraft) asked the court (the U.S. District Court for the Eastern District of New York) to dismiss a putative class action over claims the “All Natural” label on its Breakstone’s sour cream is misleading because the sour cream … Continue Reading

More Than 99.5% of ‘Gluten-Free’ Products Tested by FDA in Compliance

As previously reported on this blog, in August 2013, the U.S. Food and Drug Administration (FDA) issued a final rule on “gluten-free” food labeling. After the final compliance date of August 5, 2014, FDA measured the gluten level of more than 250 different products labeled “gluten-free.” More than 99.5% of the food products labeled “gluten-free” … Continue Reading

Colorado’s COOL Efforts Shot Down

As previously covered on this blog, mandatory country of origin labeling (COOL) rules for beef products have long been the subject of controversy and challenge, culminating in: (1) a World Trade Organization (WTO) ruling that the COOL requirements violate U.S. trade obligations to Canada and Mexico and (2) Congress repealing COOL as of December 21, 2015.  … Continue Reading

Colorado Contemplates COOL Comeback

As previously covered on this blog, mandatory country of origin labeling (COOL) rules for beef products have long been the subject of controversy and challenge, culminating in: (1) a World Trade Organization (WTO) ruling that the COOL requirements violate U.S. trade obligations to Canada and Mexico and (2) Congress repealing COOL as of December 21, 2015. … Continue Reading

Key Senator Urges Trump Administration to Scrap Reconsideration of COOL

As previously covered on this blog, mandatory country of origin labeling (COOL) rules for beef products have long been the subject of controversy and challenge, culminating in: (1) a World Trade Organization (WTO) ruling that the COOL requirements violate U.S. trade obligations to Canada and Mexico and (2) Congress repealing COOL as of December 21, 2015.  … Continue Reading

Natural Challenge Stayed

Court places “natural” challenge on hold pending FDA action (subscription to Law 360 required) As the food industry is well aware, lawsuits challenging “natural” claims continue to proliferate nationwide. Many challenges have focused on the presence or use of synthetic ingredients or processing aids in products positioned as “all-natural” or “100% natural.” For example, Kraft Foods … Continue Reading

South Dakota Scraps Attempted COOL Comeback

As previously covered on this blog, mandatory country of origin labeling (COOL) rules for beef products have long been the subject of controversy and challenge, culminating in a World Trade Organization (WTO) ruling that the COOL requirements violate U.S. trade obligations to Canada and Mexico, and Congress repealing COOL as of December 21, 2015.  Several states … Continue Reading

Two States Move to Require COOL Labeling for Beef

As previously covered on this blog, mandatory country of origin labeling (COOL) rules for beef products have long been the subject of controversy and challenge, culminating in a World Trade Organization (WTO) ruling that the COOL requirements violate U.S. trade obligations to Canada and Mexico, and Congress repealing COOL as of December 21, 2015. On February … Continue Reading

Proposed ‘Dairy Pride Act’ Creates Controversy

The Defending Against Imitations and Replacements of Yogurt, milk, and cheese to Promote Regular Intake of Dairy Everyday Act (DAIRY PRIDE Act), introduced by Sen. Tammy Baldwin (D-WI), would require non-dairy products made from nuts, seeds, plants, and algae to no longer be mislabeled with dairy terms such as milk, yogurt, or cheese. (A January … Continue Reading

Packaging Color Impacts Consumers’ Perception of Both “Healthiness” and “Taste” of Foods

Packaging Color Impacts Consumers’ Perception of Both “Healthiness” and “Taste” of Foods As reported on this blog in September, FDA is considering how to redefine the term “healthy” and has requested public comments on the use of the term as a nutrient content claim on food labeling. In addition to labeling, food manufacturers also often … Continue Reading

EU Food Name System Could Cost U.S. Dairy Industry Billions

Geographic indications (GIs) identify specific geographic areas and are allowed for certain specialty food products. Only products that originate in the designated area may be labeled with the GIs. Examples in the U.S. are: Washington State Apples and Idaho Potatoes. The European Union (EU) has suggested extending GI protections to cheeses, such as parmesan, gorgonzola, … Continue Reading

FSIS Requests Comments on Labeling Guidance for Animal Raising Claims

FSIS is seeking comments on an updated compliance guideline regarding the documentation needed to support animal raising claims on meat and poultry product labels. USDA’s Food Safety and Inspection Service (FSIS) administers the Federal Meat Inspection Act (FMIA) and the Poultry Products Inspection Act (PPIA).  The FMIA and PPIA authorize FSIS to approve labels for … Continue Reading

USDA Issues Guidance Greenlighting “Non-GMO” Claims

On the heels of the recently enacted federal GMO labeling law, USDA has released guidance for labeling meat, poultry and egg products as “Non-GMO”.   “Non-GMO” claims — i.e., claims advertising the non-use of genetic modification (GM) in food production — have become increasingly popular and desirable from a marketing standpoint.  Until now, no clear regulatory … Continue Reading

Counting Calories – FDA Issues Draft Guidance for Labeling Vending Machine Foods

FDA Issues Draft Guidance and Small Entity Compliance Guide Regarding Calorie Labeling For Vending Machine Foods On December 1, 2014, FDA issued a final rule (79 FR 71259) entitled “Food Labeling: Calorie Labeling of Articles of Food in Vending Machines”.  The rule implements the vending machine labeling provisions of the Affordable Care Act that require … Continue Reading

Changing of the Guard

Vermont AG issues memo confirming non-enforcement of GM labeling requirements. As the food industry is well aware, Vermont’s labeling requirements for genetically modified (GM) foods have been preempted by the recent enactment of federal GM labeling legislation. On August 11, 2016, Vermont’s Attorney General (AG) issued a formal memo stating that the AG’s office will no … Continue Reading

Regulatory Round-up

We return from our hiatus with a wrap-up of recent items of interest: President Obama Signs federal GM labeling bill into law. As anticipated, on July 29, President Obama signed S. 764 into law, establishing a federal framework for the labeling of genetically modified (GM) foods and food ingredients.  With this action, Vermont’s GM labeling … Continue Reading
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