- The Ninth Circuit has reversed (Law360 subscription required) a district court ruling exempting highly refined foods from the definition of a “bioengineered food.” As we previously blogged, in 2022,
LABELING
Texas Proposes Regulation Implementing Warning Label Requirement
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- The Texas Department of State Health Services (DSHS) has published its proposed rule (see p. 29, 50 TexReg 6301) implementing The “Make Texas Healthy Again” law (SB25) that was signed
Bone Broth Company Sued for Allegedly Inflating Protein Amounts
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- A bone broth maker was sued in a proposed class action alleging that the company “took advantage of recent trends for high-protein foods by mislabeling the nutrient content of its
FTC Issues Warning Letters to Businesses and Platforms After Designating July “Made in the USA” Month
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- On July 1, 2025, FTC Chairman Andrew Ferguson designated July as “‘Made in the USA’ Month,” and reiterated the Commission’s commitment to cracking down on deceptive MUSA claims.
- The FTC
FDA Updates Food Labeling Requirements Compliance Program
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- FDA announced on Tuesday, June 24, 2025, that it has updated Compliance Program 7321.005, now titled General Food Labeling Requirements and Labeling-Related Sample-Analysis – Domestic and Import. This
Chobani “Zero Sugar” Lawsuit Dismissed Due to Federal Preemption
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- On Thursday, May 29, 2025, Judge John J. Tharp, Jr. at the U.S. District Court for the Northern District of Illinois filed an order granting Chobani’s motion to dismiss a
FDA Extends Comment Period for Front-of-Package Nutrition Labeling Rule
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- On May 8, 2025, the U.S. Food and Drug Administration (FDA) extended the public comment period for its proposed rule on front-of-package (FOP) nutrition labeling by 60 days. Stakeholders
Avocado Oil Company Moves to Dismiss False Labeling Suit
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- Sovena USA Inc. has filed a motion to dismiss (Law360 required) a proposed class action alleging that the company falsely labeled its avocado oil as “100% pure” despite diluting it
FDA to Hold Webinar on Updated “Healthy” Claim
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- FDA currently plans to hold a webinar on February 20, 2025, to provide an overview on the updated definition of the nutrient content claim “healthy.”
- As we discussed on this
TTB Proposes Rules on Nutrition and Allergen Labeling on Alcoholic Beverages
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- On January 17, 2025, the Alcohol and Tobacco Tax and Trade Bureau (TTB) proposed two rules that would require nutrition and food allergen labeling on alcoholic beverages, including wines, distilled