- As an update to our coverage of on-going litigation of plant-based product labeling, an Oklahoma federal judge recently refused to block a state law that requires plant-based food companies include
Jill Mahoney
California Federal Court Hears Motion to Dismiss Class Action on “Manufactured in USA” Claims by Bigelow Tea (Law360 Subscription Required)
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- On November 16, 2020, R.C. Bigelow Inc. argued before a California federal judge in support of its motion to dismiss a proposed class action that alleges its teas are falsely
FDA Publishes Draft Guidance for the Voluntary Disclosure of Sesame
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- The FDA issued a draft guidance for the Voluntary Disclosure of Sesame as an Allergen to provide food manufacturers with the Agency’s current view on sesame as an allergen and
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FDA Publishes New Era of Smarter Food Safety Blueprint
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- On July 13, the FDA announced its New Era of Smarter Food Safety Blueprint, which outlines the Agency’s plan to create a safer food system over the next decade.
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USDA Publishes Final BE Guidance Documents On Validation and Detectability Testing
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- The USDA’s Agricultural Marketing Service (AMS) issued final guidance to assist regulated entities in complying with the National Bioengineered Food Disclosure Standard (NBFDS). By the mandatory compliance date of January
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Federal Judge Denies Plant-Based “Butter” Motion to Dismiss
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- On June 25, a California federal judge denied a Motion to Dismiss by the California Department of Food and Agriculture (“the Department”) in a case brought by Miyoko’s Kitchen (“Miyoko’s”),
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California Judge Dismisses Proposed Class Action Against Kellogg Vanilla Labeling
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- On June 22, a California federal judge dismissed a proposed class action against Kellogg Sales Company for their Bear Naked Granola V’nilla Almond product. In the complaint, plaintiff Harlan Zaback
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Nestle Denied Summary Judgment In Trans Fat Class Action (subscription to Law360 required)
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- A California federal judge denied Nestle USA Inc.’s motion for summary judgment in a suit that alleged they misled consumers on the trans fat content of Coffee-mate brand creamers. In
Another Federal Judge Dismisses Putative Class Action Over Chocolate-less White Morsels (subscription to Law360 required)
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- On June 4, a California federal judge dismissed a putative class action complaint challenging Nestle USA, Inc.’s labels on its “Nestle Toll House’s Premier White Morsels.” Prescott, et al. v.
Federal Judge Orders Permanent Injunction for Repeated FDCA Violations
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- On May 27, 2020, U.S. District Judge Edgardo Ramos in the U.S. District Court for the Southern District of New York entered an order of permanent injunction against two individuals
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