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The Daily Intake

Legal and Regulatory updates for the food and supplement industry

CALIFORNIA

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San Francisco Sugar Suit Shutdown

Posted on May 19, 2016

San Francisco sugar-sweetened beverage warning set to take effect in July.

  • As previously covered on this blog, the City of San Francisco passed legislation in June 2015 that requires

…
Continue Reading San Francisco Sugar Suit Shutdown

Prop 65: Spotlight on Styrene

Posted on April 25, 2016

Styrene added to Proposition 65 list.

  • Proposition 65 is a “right to know” California statute that requires companies to provide warning statements where their products cause an “exposure” to carcinogens

…
Continue Reading Prop 65: Spotlight on Styrene

Prop 65 Warning Website Launched

Posted on April 20, 2016

California launches Prop 65 Warning Website.

  • As previously covered on this blog, California has been in the process of revisiting its Prop 65 regulations, which may eventually include changes

…
Continue Reading Prop 65 Warning Website Launched

California Provision Goes Slack

Posted on February 18, 2016

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. 

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Continue Reading California Provision Goes Slack

Prop 65 Site in Sight

Posted on January 29, 2016

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

…
Continue Reading Prop 65 Site in Sight

Organic Challenges OK

Posted on December 7, 2015

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

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Continue Reading Organic Challenges OK

Postscripts

Posted on December 3, 2015

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

…
Continue Reading Postscripts

Labeling Lawsuits: The Devil is in the Details?

Posted on November 4, 2015

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

Posted on October 14, 2015

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

…
Continue Reading California Gets Antibiotic Resistant

Plaintiff Plausibility

Posted on October 6, 2015

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.,

…
Continue Reading Plaintiff Plausibility

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Recent Updates

  • FDA Releases Report on Traceability Readiness Tabletop Exercises and Updates FAQs on Food Traceability Rule
  • Louisiana Enacts a Bill Delaying and Modifying Food Additive Disclosure Requirements
  • Oklahoma to Permit Expanded Raw Milk Sales
  • Louisiana enacts law imposing labeling requirements on cell-cultured food products
  • Written Opinion on SB 343 Constitutional Challenge Expected After Hearing

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