Federal law preempts California slack fill challenges for USDA-regulated products.
- Under the California Fair Packaging and Labeling Act, companies can be challenged for including “nonfunctional slack fill” in product packaging.
CALIFORNIA
Prop 65 Site in Sight
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California adopts Prop 65 lead agency website regulation.
- The California Safe Drinking Water and Toxic Enforcement Act of 1986 – also known as “Proposition 65” or “Prop 65” – requires
Organic Challenges OK
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California Supreme Court ruling opens door to “organic” labeling challenges.
- The U.S. Department of Agriculture (USDA) regulates organic production in the United States under the Organic Foods Production Act of
Postscripts
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Parties settle “Made in USA” lawsuit in California. (subscription to Law360 required)
- As previously covered on this blog, a product may bear a “Made in USA”-type (MIU) claim in accordance
Labeling Lawsuits: The Devil is in the Details?
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Judge dismisses class action lawsuit, ruling that even prominent pictorial label representations may not necessarily mislead. (subscription to Law360 required)
- Much debate exists about the extent to which graphic or
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Continue Reading Labeling Lawsuits: The Devil is in the Details?
California Gets Antibiotic Resistant
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California passes legislation to curb use of antibiotics in livestock.
- As previously covered on this blog, concerns about the use of antibiotics to promote growth or feed efficiency in
Plaintiff Plausibility
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Judge dismisses majority of claims in class action lawsuit due to implausible assertions by plaintiff. (subscription to Law360 required)
- As the food industry is well aware, the “Food Court” (i.e.,
Made in America (even in California)
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- As previously covered on this blog, a product may bear a “Made in USA”-type (MIU)
Almond Joy
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Almond Board of California validates a new chemical-free process to pasteurize almonds.
- Since 2007, the Almond Board of California (ABC) has enforced an industry-wide pasteurization program intended to reduce the
PHOs: Pause for Primary Jurisdiction
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