- Last month, the U.S. District Court for the Southern District of New York dismissed a class-action lawsuit alleging that Snapple beverage products (e.g., Snapple Apple) were falsely and misleadingly labeled
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A Greener World Asks FSIS to Seek Input on “Free Range” and “Pasture-Raised” Claims
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- A Greener World (AGW) submitted comments asking FSIS to issue an Advanced Notice of Proposed Rulemaking (ANPR) regarding a petition to define “free range” and “pasture-raised” claims on meat and
Supreme Court Declines to Review FDA Labeling Preemption for State Claims
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- The Supreme Court declined to review (Law360 subscription required) a First Circuit decision affirming dismissal of false advertising and consumer protection claims alleging that McNeil Nutritionals LLC misbranded Lactaid drug
Consolidated Appropriations Act of 2024 Protects Food Companies Against Lawsuits Targeting Healthy Claims
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- FDA is in the process of updating its regulatory definition of the term “healthy” when it appears as an implied nutrient content claim on food labels. See FDA’s proposed rule
FDA Releases Data on EMA Honey
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- On April 8, 2024, the U.S. Food and Drug Administration (FDA) released data from a 2022-2023 sampling assignment to test imported honey for economically motivated adulteration (EMA). The sampling was
FDA Publishes Draft Guidance on NDIN Master Files
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- On April 3, 2024, the U.S. Food and Drug Administration (FDA) announced the availability of a draft guidance for industry titled “New Dietary Ingredient Notification Master Files for Dietary
FDA Revokes Standard of Identity for Frozen Cherry Pie
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- Last month FDA issued a final rule revoking the standard of identity (SOI) for frozen (and unbaked) cherry pie in 21 CFR 152.126. The final rule comes more than
FSIS Updates Guidelines for Label Approval
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- In March 2024, USDA’s Food Safety Inspection Service (FSIS) issued a revised guidance document to help establishments determine whether their labels must be submitted for approval. The revised guidance includes
Michigan and West Virginia Propose Unpasteurized, Raw Milk Bills
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- In recent proposed legislation, Michigan (HB 5603) and West Virginia (HB 4911) have proposed allowing the sale of unpasteurized, raw milk within their respective states. The
FTC Releases Report on Infant Formula Market
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- Earlier this month, the Federal Trade Commission (FTC) released a report which analyzes market factors contributing to the infant formula market disruptions that occurred in 2022 following the recall of