- On July 9, 2023, Senator Schumer (D-NY) called for the FDA to investigate “PRIME” energy drinks due to their high caffeine content and direct marketing to children and teenagers.
- PRIME
Food Labeling
FDA Webinar Reiterates a New Regulatory Pathway Created by Federal Legislation is Required for CBD
Posted on
- A high-level internal working group that FDA convened to explore potential regulatory pathways for cannabidiol (CBD) products announced by way of a January 26, 2023 statement that existing regulatory pathways
FDA Releases Draft Compliance Policy Guide on Major Food Allergen Labeling and Cross-Contact
Posted on
- On May 16, FDA released a draft Compliance Policy Guide, “Sec. 555.250: Major Food Allergen Labeling and Cross-contact,” to provide guidance for FDA staff on the Agnecy’s enforcement policy regarding
House Energy and Commerce Committee Introduces Food Labeling Modernization Act of 2023
Posted on
- On April 26, House Energy Commerce Committee Member Pallone (D-NJ) and Senator Blumenthal (D-CT) introduced the Food Labeling Modernization Act of 2023 (FLMA). The bill would update front-of-package
FDA Issues Request for Information on Food Labeling in Online Grocery Shopping
Posted on
- FDA’s first action concerning the labeling of “online grocery” was a 2007 ‘‘Dear Manufacturer’’ letter that recommended consistency with FDA’s current regulatory requirements for labeling of food packages. Subsequently, FDA’s
FDA Issues Draft Guidance on Dietary Guidance Statements on Food Labels
Posted on
- FDA has long recognized the use in food labeling of Dietary Guidance Statements (e.g., fruits and vegetables are part of a nutritious dietary pattern) as a tool that could
Chocolate Manufacturer Responds to Consumer Class Action for Heavy Metals (Law360 Subscription Required)
Posted on
- On March 10, Hershey Company filed a motion to dismiss a consumer class action suit which claimed that its chocolate contained toxic substances. Hershey maintains that it “never promised, in
Proposed Class Action Suit Against PepsiCo Regarding “No Preservatives” Label on Sparkling Juice Products
Posted on
Pepsi Falsely Touts ‘No Preservatives’ In Izze Drinks, Suit Says (Subscription to Law360 required)
- On December 1, PepsiCo and the equity firm behind Tropicana, PAI Partners, Inc., were named defendants
Kroger “Naturally Flavored” Sparkling Water Federal Class Action Lawsuit Filed
Posted on
Kroger Hit With False Ad Suit Over ‘Naturally Flavored’ Water (Law360 Subscription Required)
- On November 28, a putative class action suit filed in Ohio federal court alleges that The Kroger
…
Continue Reading Kroger “Naturally Flavored” Sparkling Water Federal Class Action Lawsuit Filed
Nutrition Company’s “Milk-Based” Formula False Advertising Suit Dismissed
Posted on
- On October 22, a California federal judge found that a proposed consumer class failed to show that calling a product “milk-based” is deceptive when milk is one, but not the
…
Continue Reading Nutrition Company’s “Milk-Based” Formula False Advertising Suit Dismissed