Nicholas S. Prust

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FDA & FTC Issue Warning Letters to 10 Companies

Posted on September 14, 2021

On September 9, 2021, the Food and Drug Administration (FDA) and Federal Trade Commission (FTC) jointly issued warning letters to 10 companies for illegally selling dietary supplements claiming to treat

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ANPR on Labeling Cell-Cultured Products Published

Posted on September 7, 2021

On September 3, 2021, the U.S. Department of Agriculture’s (USDA) Food Safety and Inspection Service (FSIS) published an advanced notice of public rulemaking (ANPR) to solicit comments and information regarding

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Lawsuits Allege Fudged Fudge

Posted on August 31, 2021

Three class-actions lawsuits filed in district courts in Illinois allege that products containing vegetable oils, and not dairy fat, are falsely and misleadingly described as “fudge.” (See Reinitz

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Progress Report: US-Mexico Food Safety Agreement

Posted on August 24, 2021

As we have previously reported, in September 2020, Mexico and Canada signed a Statement of Intent (SOI), which expanded the countries’ partnership in dealing with food safety issues. Among

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Senate Bill Targets CA’s Animal Welfare Law

Posted on August 17, 2021

On August 5, 2021, Senate Republicans introduced the Exposing Agricultural Trade Suppression (EATS) Act, which aims to “prevent States and local jurisdictions from interfering with the production and distribution

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Consumers Allegedly Deceived by Sugar Claims

Posted on August 10, 2021

A class-action lawsuit—filed on behalf of consumers in California, New York, and nationwide—alleges that Campbell Soup Company and Pepperidge Farm, Inc.’s Goldfish-brand snack products (the “Goldfish Products”) are misleadingly

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Malic Acid Flavoring Case Allowed to Proceed Sans Injunctive Relief

Posted on August 3, 2021

Malic acid is a compound that is used as a food ingredient in a variety of ways, including as a flavor enhancer, flavoring agent and adjuvant, and as a pH

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Upcoming AAFCO Meeting to Discuss Guidelines for “Human Grade” Claim on Animal Food

Posted on July 27, 2021

The Association of American Feed Control Officials (AAFCO) is a voluntary membership association of local, state, and federal agencies that works together with FDA to regulate animal food, including by

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Ninth Circuit Affirms Dismissal of Trader Joe’s Honey False Advertisement Lawsuit

Posted on July 20, 2021

On July 15, 2021, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s dismissal of class-action lawsuit alleging that Trader Joe’s misleadingly labeled its store brand

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Compliance Date for Final Rule on Gluten-Free Labeling of Fermented and Hydrolyzed Foods Approaches

Posted on July 13, 2021

As we have previously reported on, the FDA issued a final rule regarding gluten-free labeling of fermented and hydrolyzed foods on August 12, 2020. The rule established a compliance date

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