Tag Archives: LABELING

Second Circuit Remands “Whole Grain” Cheez-It Lawsuit

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The United States Court of Appeals for the Second Circuit held that a New York district court erred in ruling that labeling Kellogg’s Cheez-It crackers as “whole grain” was not misleading, despite the fact that the snacks were primarily made from enriched white flour.  Thus, the Second Circuit vacated the decision and remanded the case … Continue Reading

California Proposes Amendments to Proposition 65 Regulation on the Responsibility to Provide Consumer Product Warnings

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In response to confusion regarding Section 25600.2 of the new Article 6 warning regulations, California’s Office of Environmental Health Hazard Assessment (OEHHA) has proposed amendments to clarify how a product manufacturer—and other parties that may receive the products before the retailer—can pass warning information (and the responsibility to warn) along the supply chain and ultimately … Continue Reading

Stakeholder Comments Reflect Discontent with FDA’s Draft Guidance for Quantitative Labeling of Supplements Containing Live Microbials

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FDA’s regulation on nutrition labeling of dietary supplements requires that dietary ingredients for which a Reference Daily Intake (RDI) or Daily Reference Value (DRV) has not been established must be listed inside the Supplement Facts label along with their quantitative amount by weight per serving in metric units, as described in 21 CFR 101.36(b)(3).  For … Continue Reading

FDA Issues Statement Regarding Labeling Coffee as a Carcinogen Consistent with California Proposition 65

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California Proposition 65 requires manufacturers to provide clear and reasonable warnings to consumers before exposing them to over 950 listed carcinogens, including acrylamide.  As reported in this blog yesterday, California’s regulations for reporting the presence of the carcinogens have changed.  Also as previously reported in this blog, producers of roasted coffee have been sued under … Continue Reading

New Proposition 65 Warning Regulations Take Effect Today

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As previously reported on this blog, in 2016 California passed new regulations redefining what makes a warning “clear and reasonable” under Proposition 65; those regulations become effective today.  Proposition 65 is a right-to-know law that requires manufacturers to provide a clear and reasonable warning to consumers before exposing them to over 950 listed carcinogens and … Continue Reading

Putative Class Action Challenge to Diet Dr. Pepper in California Fails for the Fourth Time

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The Federal District Court for the Northern District of California has granted Dr. Pepper/Seven Up, Inc.’s Motion to Dismiss (available for purchase here) in a putative class action originally filed in October 2017, which alleged that the marketing of Diet Dr. Pepper violated California’s False Advertising Law, Consumer Legal Remedies Act, and Unfair Competition Law, … Continue Reading

Former Director of the FDA’s Office of Biotechnology Pens Op-Ed Criticizing FDA Enforcement on Organic Labeling, FDA Commissioner Pledges to Look at Labeling Claims in Organics

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In a Wall Street Journal op-ed, Dr. Henry Miller, the former founding director of the FDA’s Office of Biotechnology, criticizes FDA as giving organic food labeling and advertisement “a complete pass.”  The author calls out FDA’s lack of enforcement on claims that organic foods are grown “without toxic or persistent pesticides,” noting that in fact, … Continue Reading

NGOs Sue USDA Over Delay in Issuing BE Disclosure Rules

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The 2016 National Bioengineered Food Disclosure Standards (NBFDS) Act directs the U.S. Department of Agriculture (USDA) to develop regulations and standards to create mandatory disclosure requirements for bioengineered (BE) foods by July 2018. The Center for Food Safety (CFS) and the Center for Environmental Health (CEH) filed a lawsuit in the Northern California U.S. District Court on August … Continue Reading

European Union’s Top Court Rules on Gene-Editing Technology

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The European Court of Justice has ruled that all techniques that induce DNA mutagenesis result in products that can be regulated as genetically modified organisms.  GMO regulation had previously been limited to products of genetic engineering where DNA from a separate organism was introduced into the target organism’s genome.  Newly developed gene editing techniques exploit … Continue Reading

FDA Begins Process of Modernizing Standards of Identity with Focus on Use of the Term “Milk” in Labeling Plant-Based Products

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Statement from FDA Commissioner Scott Gottlieb, M.D., on the process FDA is undertaking for reviewing and modernizing the agency’s standards of identity for dairy products (FDA Statement) As reported on this blog, FDA held a public meeting on July 26, 2018 to discuss the FDA’s Nutrition Innovation Strategy (NIS), which promotes public health through efforts … Continue Reading

Groups Petition FSIS to Change “Product of the USA” Policy

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The Organization for Competitive Markets (OCM) and American Grassfed Association (AGA) have petitioned the U.S. Department of Agriculture’s Food Safety and Inspection Service (FSIS) to change its standard for making a “Product of the USA” claim on meat and meat products. Currently, FSIS allows the statement “Product of USA” if either (1) the country to which the product is … Continue Reading

Final Comments on USDA’s BE Labeling Rule Debate Disclosure for Highly Refined Foods and Ingredients

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The comment period on USDA’s proposed requirements to implement the National Bioengineered Food Disclosure Standard (NBFDS) closed on July 3. As previously reported on this blog, when USDA asked for input prior to drafting the regulation, commenters disagreed on whether highly refined ingredients derived from bioengineered (BE) crops should be disclosed. As a result, in … Continue Reading

Citizen Petition Filed Requesting FDA Allow Eggs to Be Labeled “Healthy”

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As reported previously in the Daily Intake Blog, labeling of foods as “Healthy” has recently elicited strong and varied opinions.  KIND filed a Citizen Petition in December 2015 requesting that the Food and Drug Administration (FDA) revisit the definition of “healthy” to take into account present-day scientific understanding about the health benefits of many nutrient-dense … Continue Reading

Front of Pack Labeling Being Discussed in NAFTA Negotiations

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As first reported by the New York Times, and later confirmed under questioning by Rep. Doggett in a House Ways and Means Committee hearing, one plank of the United State’s platform in the renegotiation of the North America Free Trade Agreement (NAFTA) is the limitation on member countries from requiring front of pack labeling on … Continue Reading

Colorado Rejects Latest COOL Measure

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As previously covered on this blog, mandatory country of origin labeling (COOL) rules for beef products have long been the subject of controversy and challenge, culminating in: (1) a World Trade Organization (WTO) ruling that the COOL requirements violate U.S. trade obligations to Canada and Mexico and (2) Congress repealing COOL for beef and pork as … Continue Reading

FDA to Begin Process of Modernizing Certain Standards of Identity

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On January 11, 2018, the U.S. Food and Drug Administration released its Strategic Policy Roadmap for 2018. As part of its Strategic Policy Roadmap, FDA has signaled its intent to modernize certain standards of identity to address current barriers to the development of healthier products while making sure consumers have accurate information about the foods … Continue Reading

Colorado Legislators Propose Stronger Version of COOL

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As previously covered on this blog, mandatory country of origin labeling (COOL) rules for beef products have long been the subject of controversy and challenge, culminating in: (1) a World Trade Organization (WTO) ruling that the COOL requirements violate U.S. trade obligations to Canada and Mexico and (2) Congress repealing COOL as of December 21, 2015. … Continue Reading
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