Tag Archives: NEW YORK

More States Ban Plastic Grocery Bags

During the past month, the governors of Vermont, Maine, Oregon, Delaware and Connecticut signed legislation banning single-use plastic bags and a few months earlier, on April 22, New York’s governor signed similar legislation. New York’s plastic bag ban is scheduled to take effect on March 1, 2020. The law bans most single-use plastic carry-out bags … 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

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

Fish Freeze

New York City mandates freezing of fish intended to be served raw or undercooked. Section 3-201.11(D) of FDA’s 2013 Food Code recommends that most fish intended for consumption in raw or undercooked form be offered for sale or service only if they are obtained from a supplier that freezes the fish or if they are frozen … Continue Reading

High Penalties for Low Weights

New York City’s Department of Consumer Affairs accuses Whole Foods of “routinely” overpricing food sold by weight. On June 24, 2015, New York City’s Department of Consumer Affairs (DCA) announced that an investigation into prices of prepackaged food at Whole Foods Markets in the city uncovered “systemic” overcharging for pre-packaged foods.  DCA tested packages of 80 different … Continue Reading

Sugar Bill D.O.A.

California soda warning legislation dies in committee. Sugar continues to be the target of public health scrutiny, particularly as excess consumption is linked to adverse health effects.  Government agencies and legislators alike have been working to take appropriate actions to incentivize moderation in sugar intake. Earlier this year, California legislators introduced a bill to require warning … Continue Reading

Ingredient GMPs?

Trade association proposes application of dietary supplement GMPs to raw material suppliers. FDA’s current Good Manufacturing Practice (GMP) regulations in 21 CFR Part 111 apply to finished dietary supplements, but not directly to the raw materials or dietary ingredients used in their production. In yet another development related to the New York Attorney General’s (AG) investigation into … Continue Reading

Sugar, Sugar

California and New York legislators consider warning labels for soda. Sugar has been in the news again recently, particularly as the federal government works to prepare the 2015 Dietary Guidelines for Americans and in light of FDA’s proposal to require a declaration of “added sugars” on the nutrition facts panel of packaged foods and beverages. At … Continue Reading

Mr. Schneiderman Goes to Washington

State AGs ask Congress to crack down on dietary supplements. Earlier this year, New York’s Attorney General (AG) launched a probe into the dietary supplement industry, targeting major retailers for marketing allegedly misbranded products.  One major retailer, GNC, entered into a landmark settlement agreement with the NY AG, committing to implement stringent controls throughout its … Continue Reading

Significant Supplement Settlement

GNC settles NY AG challenge by pledging to implement stricter supplement controls. As covered in prior posts, New York’s Attorney General (AG) has been investigating the marketing of allegedly misbranded herbal supplements.  The investigation began with the NY AG’s issuance of cease-and-desist letters to four major retailers — GNC, Target, Walmart, and Walgreens — alleging that … Continue Reading

Continuing Sagas

Additional state AGs join probe into supplement marketing. The New York Attorney General’s (AG) investigation into the marketing of allegedly misbranded herbal supplement continues to develop.  The investigation commenced with theissuance of cease-and-desist letters to major retailers, sparked a series of class action lawsuits, and then shifted focus to target supplement manufacturers and claim substantiation. AGs … Continue Reading

NY AG Supplement Probe Deepens

NY investigation into herbal supplements extends to manufacturers. New York’s Attorney General (AG) recently issued cease-and-desist letters to major retailers, alleging the marketing of misbranded herbal supplements.  Originally, the investigation focused on the contents of specific products, but in recent weeks, the focus has shifted to the substantiation of claims being made for the supplements. … Continue Reading

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