- 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
LABELING
Proposed Class Action Tossed After Judge Ruled FitCrunch Bar’s “Fit” Claim Not Misleading (Law360 Subscription Required)
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- On March 3, 2023, Judge Buchwald of the U.S. District Court for the Southern District of New York permanently tossed a proposed class action claiming that Pervine Foods’ FitCrunch protein
FDA Announces Qualified Health Claim for Cocoa Flavanols in High Flavanol Cocoa Powder and Reduced Risk of Cardiovascular Disease
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- On February 3, FDA announced in a letter of enforcement discretion that it does not intend to object to the use of certain qualified health claims regarding the consumption of
FDA Concludes that New Regulatory Frameworks for Foods and Supplements Containing Cannabidiol are Needed, Will Work with Congress
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- Yesterday, Janet Woodcock, M.D., the Principle Deputy Commissioner for the Office of the FDA Commissioner, released a statement regarding the Agency’s approach towards cannabidiol (CBD) and its application in the
USDA Expands Generic Label Approval for Meat, Poultry, and Egg Products
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- On January 18, USDA published a final rule expanding the criteria of generic label approval for inspected meat, poultry, and egg products. The Expansion of Generic Labeling Rule is largely
FDA Issues Uniform Compliance Date for Final Food Labeling Regulations in 2023-24
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- FDA announced in the Federal Register on December 30, 2022 that January 1, 2026 will be the uniform compliance date for final food labeling regulations that are issued in calendar
Sesame Listed as Major Food Allergen
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- Effective January 1, 2023, sesame joined the list of major food allergens. The U.S. Food and Drug Administration (FDA) now requires that foods containing sesame are subject to
Canada Updates Table of Reference Amounts for Food
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- On November 24, 2022, Health Canada updated the Table of Reference Amounts for Food based on new consumption data and market trends, and to address gaps in certain food categories.
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Walmart’s Fudge Mint Class Action Permanently Dismissed
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- [UPDATED August 26, 2022: In a highly unusual twist, the order dismissing this case was reversed on August 24, 2022 (subscription to Law360 required). The lawsuit and the
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FDA Petitioned for Front-Of-Pack Nutrition Labeling
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- The Center for Science in the Public Interest (CSPI), the Association of SNAP Nutrition Education Administrators (ASNNA), and the Association of State Public Health Nutritionists (ASPHN) submitted a Citizen Petition
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