Tag Archives: LABELING

Hazelnut Crème Coffee False Advertising Lawsuit Revived

1st Circuit Gives Coffee Buyers 2nd Shot at False Ad Suit (subscription to Law360 required) On August 8, 2019, the U.S. Court of Appeals for the First Circuit reversed a district court’s dismissal of a lawsuit charging that the label on New England Coffee’s Hazelnut Crème coffee violates Massachusetts’ consumer protection laws because the product … Continue Reading

Congress Continues Efforts to Combat Food Waste

As previously reported on this blog, food waste is a major issue in the United States. We also have reported on previous attempts by Congress to curb food waste through legislation (see here and here). The most recent effort to reduce food waste was made by Representatives Chellie Pingree (D-Maine) and Dan Newhouse (R-Wash.) when … Continue Reading

As War Over Plant-Based Food Labeling Wages On In The US, UK Sub-Committee Concludes Consumers Not Misled By Vegetarian “Burgers”

On July 25, 2019, a United Kingdom parliamentary sub-committee found that words like “burger,” “sausage,” and “steak” to describe plant-based foods are not misleading to consumers. Indeed, the House of Lords EU Energy and Environment Sub-Committee have raised concerns that a ban on the use of such descriptors for plant-based foods would actually reduce consumer … Continue Reading

Tofurkey and Others Challenge Arkansas Plant-Based and Insect-Based Meat Labeling Law

The American Civil Liberties Union (ACLU), the Good Food Institute, the Animal Legal Defense Fund, and the ACLU of Arkansas recently filed a complaint on behalf of Turtle Island Foods (Tofurkey brand), challenging an Arkansas law that prohibits the representation of plant-based and insect-based products as “meat” or related terms (e.g., “beef,” “roast,” and “sausage”). … Continue Reading

Mississippi Sued Over Plant-Based, Cell-Based, and Insect-Based Meat Labeling Law

Like countless other states, earlier this year, Mississippi passed SB 2922, which stipulates that cell-based, plant-based, or insect-based foods cannot be labeled as “meat” or “a meat food product” (e.g., “hamburgers,” “hot dogs,” “sausages,” “jerky”, etc.). Specifically, SB 2922 amended Section 75-35-15(4) of the Mississippi Code to state “[a] food product that contains cultured animal … Continue Reading

Louisiana Laws to Limit Use of Terms “Meat,” “Rice,” “Sugar” and “Milk” on Food Product Labels

On June 11, Louisiana joined a growing number of states, including Missouri and Arkansas, that have enacted legislation aimed at protecting traditional agricultural products from the growing popularity of plant-based and cell-based meat products or riced vegetables. Louisiana Governor John Bel Edwards signed two bills into law aimed at prohibiting the use of common labeling … Continue Reading

OEHHA Confirms Final Carcinogen/Coffee Rule on Twitter

In a tweet published on June 3, 2019 California’s Office of Environmental Health Hazard Assessment (OEHHA) announced that its draft Proposition 65 regulation regarding listed carcinogens in coffee had been finalized and will become effective on October 1, 2019.  The regulation states that exposures to Proposition 65 carcinogens listed on or before March 15, 2019, … Continue Reading

USDA Updates FAQs Regarding BE Labeling

As previously reported on this blog earlier this month, the U.S. Department of Agriculture’s Agricultural Marketing Service (AMS) posted Frequently Asked Questions (FAQs) and responses for manufacturers concerning its bioengineered (BE) food labeling rule (formally known as the National Bioengineered Food Disclosure Standard (NBFDS)). We pointed out in that blog that the FAQs were not … Continue Reading

FDA Endorses “Best If Used By” Label for Food

Packaged food and beverage products for retail sale contain an array of date labels, such as “Use by,” “Best If Used By,” “Expires On,” etc. Ultimately, with few exceptions, such as labels for infant formula, data labels are not required on packaged foods. While manufacturers are prohibited from placing false or misleading information on a … Continue Reading

USDA Posts FAQ regarding BE Labeling and Promises Future Guidance

The U.S. Department of Agriculture’s Agricultural Marketing Service (AMS) has issued an FAQ for manufacturers concerning its bioengineered (BE) food labeling rule (formally known as the National Bioengineered Food Disclosure Standard (NBFDS)).  The final rule was issued in December 2018 and does not come into effect for several years, but questions are being raised by industry regarding … Continue Reading

FDA Encourages Participation in Voluntary Plant Biotechnology Consultation Program and Revises Guidance on Voluntary Labeling of Foods Derived Plant Biotechnology

Given the increased prevalence of plant biotechnology to develop innovative foods, FDA is reminding industry of its voluntary consultation program to ensure the safety of and public confidence in plant biotechnology-derived foods.  FDA describes “plant biotechnology” as “certain methods scientists can use to introduce new traits or characteristics to a plant.” FDA has assisted in … Continue Reading

KIND Petitions FDA to Update Nutrient Content Claim Regulations

On March 12, 2019, snack bar producer, KIND, submitted a Citizen Petition to the FDA asking the agency to update the framework for regulating nutrient content claims (NCCs). In sum, the petition requests that FDA consider the overall quality of the food, rather than just the quantity of a certain nutrient when regulating nutritional claims … Continue Reading

Arizona Legislators Join Cell-Cultured Meat Labeling Debate

As previously reported on this blog, there has been considerable discussion around the regulation of cell-cultured meat both at the federal and state levels. Earlier this month, USDA and FDA published a formal agreement regarding federal agency oversight of human food produced using cell technology. Under the formal agreement, FDA will oversee cell collection and … Continue Reading

‘Dairy Pride Act’ Introduced Again

As previously reported on this blog, U.S. Senator Tammy Baldwin’s (D-WI) introduction of the Dairy Pride Act  in 2017 was met with controversy. On March 14, 2019, Sen. Baldwin, along with Sens. Jim Risch (R-ID) and Mike Crapo (R-ID), reintroduced The Defending Against Imitations and Replacements of Yogurt, milk, and cheese to Promote Regular Intake … Continue Reading

Putative Class Action Filed Against Walmart, Costco, Amazon and Others Alleging Coffee is Falsely Labeled as “Kona”

Amazon, Walmart, Costco Sued Over Fake ‘Kona’ Coffee (subscription to Law360 required) Section 43(a) of the Lanham Act (15 U.S.C. 1125) permits a civil action for, among other reasons, “false designation of origin.”  To prevail, a plaintiff must prove the designation of origin is false, that it is used in a commercial advertisement (e.g., a … Continue Reading

New York Judge Lifts 2-Year Stay on KIND “All Natural” Suit (subscription to Law360 required)

A New York federal court ordered a consumer class action against KIND LLC to move forward after a two-year stay. Consumers are suing KIND for allegedly mislabeling its snack products as both “non-GMO” and “all natural,” even though the products purportedly contain synthetic and genetically modified ingredients.  On September 15, 2016, U.S. District Judge William … Continue Reading

Plant-Based Milk Labeling Comment Period Ends; Debate Continues

As previously reported in September on this blog, FDA requested comments on the use of dairy terms—such as milk, yogurt, and cheese—in the labeling of plant-based products. FDA’s Standards of Identity define milk in part as the “lacteal secretion, practically free from colostrum, obtained by the complete milking of one or more healthy cows.” The original deadline … Continue Reading

New Nebraska Bill Defining Meat as Derived from Livestock or Poultry

Last week, we blogged about Nebraska Legislative Bill 14 (LB 14), which would have limited the use of the term “meat” to the edible portions of livestock or poultry carcasses.  It would have specifically excluded insect- or plant-based products as well as lab-grown products from the definition.  Under the proposed bill, engaging in any misleading … Continue Reading

New York City Considers Warnings for Restaurant Foods High in Added Sugar

Following on its 2015 sodium warning regulation, New York City is considering a bill that would require chain restaurants to display a warning symbol and related text next to menu offerings that are high in added sugar.  “Added sugar” is defined as “sugars and syrups put into foods during preparation or processing.” The bill, which … Continue Reading

FDA Issues Technical Amendments to Final Nutrition and Supplement Facts Rule

FDA will publish in the December 21, 2018 Federal Register a final rule that makes technical amendments to its 2016 final rule on Nutrition and Supplement Facts labeling.  The amendments, which are not substantive in nature, affect both 21 C.F.R. 101.9 (“Nutrition labeling of food”) and 21 C.F.R. 101.36 (“Nutrition labeling of dietary supplements”). While … Continue Reading
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