- On October 27, 2026, FDA released a draft guidance document providing examples of U.S. origin statements that the Agency considers to be truthful and not misleading when used on seafood
LABELING
Company Sued Over ‘Sugar-Free’ Beverages Due to Sugar from Lactose
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- Starbucks is being sued over its “sugar-free” protein beverages (Law360 subscription required), which plaintiffs claim are deceptively labeled due to containing 13 to 21 g of sugar per venti-size beverage
Wellness Supplement Sued Over ‘Immunity’ Claims
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- Vive Organic Inc. (Law360 subscription required) has been sued for allegedly deceptively marketing its wellness shots as “immunity boosting” and “doctor crafted” despite a lack of evidence that the product
More Class Actions Allege ‘Zero Sugar’ Claims Misleading on Products Containing Allulose
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- Plaintiffs’ lawyers are continuing to file class action lawsuits alleging that “zero sugar” claims on products containing allulose are misleading consumers, with products ranging from dietary supplement gummies to candies
Cereal Company Sued for “Healthwashing”
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- Another cereal company has been hit with a lawsuit (Law360 subscription required) for labeling its product using the claims “0g total sugars,” “0g added sugar” and “no added sugar” despite
California Passes Non-UPF Certification Bill
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- The California Legislature has passed Assembly Bill 2244 (AB 2244) to establish a “non-ultra-processed food” certification seal. California Governor Gavin Newson will now have until the end of September to
Ninth Circuit Partially Revives ‘Low-FODMAP’ Labeling Suit
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- A Ninth Circuit panel has partially revived (Law360 subscription required) a lawsuit alleging that FDA and USDA nutrient content claim regulations violate First Amendment rights by preventing the inclusion of
California DTSC Finalizes Rulemaking Placing Microplastics on Candidate Chemicals List
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- On July 2, 2026, California’s Department of Toxic Substances Control (DTSC) announced its finalized rulemaking adding microplastics to the Candidate Chemicals List.
- This rule defines microplastics as “plastics that
Wisconsin Representative Introduces “REAL Butter Act” to Regulate Synthesized Butter Product Labels
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- On June 22, 2026, U.S. Representative Tony Wied [R-WI] introduced H.R. 9387. If passed this bill would amend 21 U.S.C. 343, the section of the Federal Food, Drug,
USDA-AMS Posts Final Notice on Federal Orange Juice Grading criteria Rulemaking
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- On June 25, 2026, the USDA Agricultural Marketing Service (AMS) posted a final notice on its rulemaking to revise orange juice grading standards. AMS addressed comments, but stated that it