Tag Archives: LABELING

FSIS Publishes Updated Guidelines for “Non-GMO” Labeling Claims

On December 30, 2019, USDA’s Food Safety and Inspection Service (FSIS) published updated labeling guidelines on “Statements That Bioengineered or Genetically Modified Ingredients or Animal Feed Were Not Used in the Production of Meat, Poultry, or Egg Products.” The guidelines, which were originally announced in August 2016, outline the agency’s approach of approving labels containing “not-bioengineered,” “not genetically … Continue Reading

CSPI Asks FDA Not To Make Sweeping Changes to Food Standards of Identity

As our readers may recall, FDA held a public meeting on September 27, 2019, to discuss FDA’s efforts to modernize food Standards of Identity (SOI) and to provide information about changes the FDA could make to existing SOIs. Section 401 of the Federal Food, Drug, & Cosmetic Act gives FDA authority, whenever in its judgment … Continue Reading

UK Journal of Epidemiology & Community Health Claims Food Labels Showing How Much Exercise is Needed to Burn off Food May Help Combat Obesity

The Royal Society for Public Health UK (Royal Society), an independent, multi-disciplinary charity dedicated to the improvement of the public’s health and wellbeing, claims that most consumers do not understand the meaning of calorie intake in the context of energy expenditure.  Royal Society states that “physical activity calorie equivalent or expenditure” labeling (“PACE labeling”), which … Continue Reading

Plant-Based Plaintiffs Drop Mississippi Lawsuit After Favorable Resolution, but US House Reps Introduce Real MEAT Act

On November 7, the Plant Based Foods Association (PBFA) and Upton’s Naturals dropped their federal lawsuit challenging Mississippi’s legislation that banned plant-based foods sold in Mississippi from using meat-related terms on labels, after Mississippi proposed new regulations. As our readers may recall, in early September, the Mississippi Department of Agriculture and Commerce proposed new regulations … Continue Reading

Federal Court’s Refusal to Issue Injunction is Appealed as Plaintiffs Continue First Amendment Challenge Against Missouri’s Meat Labeling Laws

  Missouri was the first among many states, including Arkansas, Louisiana, Mississippi, North Dakota, Oklahoma, South Carolina, South Dakota, and Wyoming, to enact laws restricting plant-based and cell-cultured products from being labeled as “meat.”  As reported here, Turtle Island Foods (Tofurkey brand), in conjunction with non-profit advocacy groups, filed a lawsuit on August 28, 2018, which … Continue Reading

Mexico’s Lower House Passes Front-of-Pack Labeling Bill

On October 11, Mexico’s lower legislative house passed a bill that would require manufacturers to place front-of-pack (FOP) warning labels on food high in sugar, sodium, or saturated fat.  The bill was published in the Diario Oficial de la Federación (Mexico’s equivalent of the Federal Register) and consists of a draft amendment to the General Labelling Specifications for … Continue Reading

California Chamber of Commerce Challenges Proposition 65 Warnings for Acrylamide

On October 7, 2019, the California Chamber of Commerce (“CalChamber”) filed suit in federal court against the California Attorney General, Xavier Becerra, to block the state from enforcing Proposition 65 warning requirements on foods containing acrylamide.  Acrylamide is a naturally occurring compound that develops when starches and sugars are cooked at high temperatures.  According to … Continue Reading

USDA Releases Additional FAQs on Bioengineered Food Disclosure Standard

USDA’s Agricultural Marketing Service (AMS), which promulgated the National Bioengineered (BE) Food Disclosure Standard, has announced additional responses to its Frequently Asked Questions (FAQs).   A total of five new FAQs have been published, one of which confirms that BE labeling information need not be provided online or in catalogs (i.e., disclosure on the label itself is … Continue Reading

Mississippi Reverses Stance on Plant-Based Meat Labeling

As previously reported on this blog, Upton’s Naturals Co. and the Plant Based Foods Association (PBFA) filed a lawsuit challenging Mississippi’s law prohibiting cell-based, plant-based, or insect-based foods from being labeled as “meat” or a “meat food product” (i.e., “hamburgers,” “hotdogs,” etc.). The lawsuit was filed on July 1, 2019, the same day that the … Continue Reading

Injunction to Stop Enforcement of Meat Labeling Law Not Needed, Says AR

As our readers are aware, a number of states have enacted laws to prohibit marketing a product as “meat” if it is not derived from livestock or poultry and that several of these laws—including ones in Mississippi, Missouri, and Arkansas—have been challenged in court. (Other states that have enacted similar laws include Louisiana, North Dakota, … Continue Reading

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
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