• Meat, poultry, and egg products may not be sold, offered for sale, or otherwise distributed in commerce without prior approval of labels by the U.S. Department of Agriculture’s Food Safety

Continue Reading FSIS Proposes to Expand Eligibility for Generic Label Approval and to Discontinue FSIS Evaluation of Voluntarily Submitted Labels That are Eligible for Generic Approval

 Food Cos. Escape Suit Alleging False US Origin Labeling (subscription to Law360 required)

  • The Federal Meat Inspection Action (FMIA) grants the United States Department of Agriculture (USDA) exclusive authority to

Continue Reading Federal Judge Accepts Preemption Arguments in Dismissing Consumer’s and Rancher’s Putative Class Action Lawsuits Over “Product of USA” Labeling for Beef Imported to the United States for Slaughter and Processing

  • We have discussed the slow progress toward a regulatory pathway for lawfully marketing FDA-regulated food and dietary supplement products that contain cannabidiol (CBD).  While CBD products remain technically illegal (aside

Continue Reading Independent Testing of Well-Known Beverages Provides Further Evidence of CBD Products Not Meeting Label Claims for Cannabidiol Content


  • FDA’s Food Safety Modernization Act (FSMA) Final Rule establishing “Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption” (see our detailed summary here) includes an

Continue Reading FDA Requests Information That Could Result in Expanding the Rarely Consumed Raw (RCR) List of Produce Commodities Exempt From the Produce Safety Rule


  • A December 21, 2018 final rule by the Agricultural Marketing Service (AMS) of the United States Department of Agriculture (USDA) established the National Bioengineered Food Disclosure Standard (NBFDS), as discussed

Continue Reading AMS Proposes to Add “Sugarcane (Insect Resistant)” to the List of Bioengineered Foods Subject to Disclosure Under the National Bioengineered Food Disclosure Standard

  • Under the Paperwork Reduction Act of 1995 (PRA), Federal Agencies such as the Food and Drug Administration (FDA) must obtain approval from the Office of Management and Budget Review (OMB)

Continue Reading FDA Asks OMB to Approve Certain Information Collection Techniques to Support Further Research into Consumer Behavior Regarding Food and Other Areas

 No Meat to Tyson ‘Prime Pork’ False Ad Suit, Judge Says (subscription to Law360 required)

  • USDA grading and quality symbols are available to provide information to consumers about USDA graded

Continue Reading Federal Judge Dismisses False Advertising Claims Involving Packaging for ‘Chairman’s Reserve Prime Pork’ Where USDA Does Not Offer a ‘Prime’ Grade for Pork