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

 9th Circ. Judge Doubts General Mills False Label Claims (subscription to Law360 required)

  • Proposed class action lawsuits against Kellogg, Post, and General Mills, with a common lead plaintiff in the

Continue Reading 9th Circuit Judge Asks What Amount of Added Sugar in a Product Makes the Product Unhealthy, a Question About Which Other Courts Have Ruled There is a Material Issue of Fact in Allowing Similar Cases to Proceed


  • After public hearings and the first of two Congressionally mandated reports from FDA, discussed here, the market for FDA-regulated food and dietary supplement products that contain cannabidiol (CBD) continues

Continue Reading FDA Describes “Substantial Progress” Without Providing Any Specific Details on Planned Regulatory Policy for Products Containing CBD

Godiva Can’t Slip Suit Over Using ‘Belgium 1926’ on Labels (subscription to Law360 required)

  • A proposed class action lawsuit filed against Godiva Chocolatier in January 2019 alleges that consumers in

Continue Reading US District Court Refuses to Dismiss Proposed Class Action Against Godiva Over “Belgium 1926” Claim for Chocolate Made in the U.S.


  • Food safety in restaurants is regulated at the state and local level.  Most states have fully or partially adopted the model Food Code published by the U.S. Food and Drug

Continue Reading New FDA Guidance on COVID-19 is Less Specific Than Un-Issued CDC Guidance Would Have Been and Arrives as Many Restaurants Have Already Re-Opened for Dine-In Service in Several States


  • A multi-state listeriosis outbreak linked to consumption of Blue Bell Creameries’ ice cream products in 2015 lead to state regulatory enforcement actions (discussed here) and multiple civil lawsuits.  As

Continue Reading Blue Bell Pleads Guilty to Distributing Adulterated Ice Cream and Former President Faces Charges of Criminal Conspiracy to Conceal Listeria Contamination


  • State and local governments, as well as private companies, are working individually and collectively to assure an uninterrupted, safe food supply as the federal government continues in a supporting role

Continue Reading State Departments of Agriculture are Working Together and Independently to Maintain the American Food Supply and Keep it Safe During the COVID-19 Pandemic

 Cheese Buyers Ask 7th Circ. to Revive Label Suit (Law360 subscription required)

Continue Reading Appellant Plaintiffs in Multidistrict Litigation Argue a Jury Should Decide if the Claim “100% Grated Parmesan” is Deceptive When Cellulose is a Listed Ingredient