- The COVID-19 pandemic has resulted in an increased consumer demand for shell eggs in the retail market and a reduced demand for further processed eggs. In response, and in order
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FDA Resumes Records Review Under the FSVP Rule by Remote Inspections Instead of Onsite Visits to Importers
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- The Food Safety Modernization Act’s (FSMA) Foreign Supplier Verification Program (FSVP) requires importers to perform certain risk-based activities to verify that their foreign supplier is producing food in accordance with
NAD Launches Fast-Track SWIFT Challenge Process
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The National Advertising Division (NAD) of BBB National Programs, Inc. recently launched its new Fast-Track SWIFT (Single Well-defined Issue Fast Track) challenge process. NAD’s Fast-Track SWIFT offers an expedited process…
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FDA Provides Temporary Flexibility to Chain Restaurants and Similar Retail Food Establishments in Response to COVID-19
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- In response to the COVID-19 pandemic, on April 1, 2020, the Food and Drug Administration (FDA) issued guidance to chain restaurants and similar retail food establishments that sell standard menu
Federal Judge Finds Claims Too Speculative and Dismisses “Natural” Peanut Butter Class Action (subscription to Law360 required)
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- On March 31, an Ohio federal judge dismissed a proposed class action lawsuit which alleged that J.M. Smucker Co. misleadingly labeled peanut butter as “natural” even though it may have
COVID-19 Pandemic Prompts FDA to Offer Guidance on Diverting Human Food to Animal Food Use
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- The COVID-19 pandemic has caused a shift in the supply of food and has left both restaurants and restaurant suppliers looking for means to repurpose their food inventory. Where food
FDA and USDA Temporarily Relax Nutrition Facts Labeling Requirement for Retail Distribution of Food by Restaurants and Food Manufacturers
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- Food prepared and served in restaurants does not typically require the Nutrition Facts label that is mandated by FDA on food that is packaged for retail sale. Due to the
FSIS Seeks to Expand Use of Term “Healthy”
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- Consistent with similar efforts by FDA, USDA’s Food Safety and Inspection Service (FSIS) is initiating rulemaking to update its regulations on the term “healthy” in line with FDA’s 2016
Physicians Committee for Responsible Medicine Files Lawsuit Against the State of California Alleging OEHHA Failed to Include Processed Meat on Prop 65 List
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- On March 11, 2020, the Physicians Committee for Responsible Medicine (PCRM) filed a lawsuit against the State of California alleging government officials failed to include “cancer-causing processed meat” on California’s
False Advertisement and Unjust Enrichment Claims Against Kombucha Brewer Dismissed for Lack of Notice and Lack of Conferred Benefit
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- In Amos v. Brew Dr. Kombucha, LLC, Case No. 3:19-cv-01663-JR, an Oregon magistrate judge recommended the dismissal of a class action lawsuit which alleged that Defendant Brew Dr. Kombucha,