Nicholas S. Prust

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FDA Releases Guidance on Infant Formula Enforcement Discretion Policy

Posted on May 17, 2022

Yesterday FDA released a guidance document which lays out the Agency’s plan to help increase the supply of infant formula in the U.S through the exercise of its enforcement discretion

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Health Canada and CFIA Launch Consultation on Development of Voluntary Guidance re Food Information to be Provided for Foods Sold Through E-Commerce

Posted on May 10, 2022

Health Canada and the Canadian Food Inspection Agency (CFIA) announced that they are seeking feedback on the development of voluntary guidance for providing information for foods that are sold to

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False Fruit Labeling Claim Moves Forward

Posted on May 3, 2022

In an April 29, 2022 order, the U.S. District Court for the Northern District of California rejected Defendant BA Sports Nutrition, LLC’s motion for summary judgment as to Plaintiffs’

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FDA Urged to Make Changes to its Food Recall Activities

Posted on April 26, 2022

The Association of Food and Drug Officials (AFDO)— a nonprofit organization made up of regulators, industry representatives, and other stakeholders— released a white paper in which it outlined problems in

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FDA Issues Draft Guidance Regarding Evaluation of Allergens

Posted on April 19, 2022

Yesterday FDA announced the release of draft guidance that outlines the Agency’s approach to evaluating the public health risks of allergens that are not among the nine major food allergens

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Another Chocolate Class Action Lawsuit Dismissed

Posted on April 12, 2022

On April 8, 2022, the U.S. District Court for the Northern District of Illinois Eastern Division dismissed a class action lawsuit which alleged that Whole Foods had deceptively advertised its

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Challenge to Dietary Supplement Structure/Function Claims Preempted

Posted on April 5, 2022

On March 31, 2022, the U.S. District Court for the District of Massachusetts held that Plaintiffs’ claims— which alleged that the labels on three of Vitamin Shoppe, Inc.’s dietary supplements

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Lawsuit Challenges Flavor Labeling in Product with Malic Acid

Posted on March 22, 2022

On March 14, 2022, a class-action lawsuit was filed against Publix Super Markets, Inc. for allegedly improperly and deceptively labeling their “strawberry watermelon water enhancers” (the “product”) as flavored with

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Strawberry Pop-Tart Claims Dismissed

Posted on March 15, 2022

An Illinois District Court dismissed a class-action lawsuit that alleged that the labeling on Kellogg Sales Company’s Unfrosted Strawberry Pop-Tarts mislead consumers into thinking that the product’s filling contained only

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