- We have previously blogged about a lawsuit filed by Upside Foods challenging Florida’s cultivated meat ban. Last month, a district court judge rejected Upside’s request for a preliminary injunction and
PREEMPTION
22 States Join Challenge to Massachusetts’ Question 3
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- Similar to California’s Proposition 12, Massachusetts’ Prevention of Farm Animal Cruelty Act (also known as “Question 3”) imposes animal welfare standards for hens, sows, and veal calves raised in Massachusetts
Florida Defends Against Lawsuit Targeting its Cultivated Meat Ban
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- As we previously blogged about, UPSIDE, a manufacturer of cultivated chicken, has sued Florida regarding its ban (SB 1084) on the sale and manufacturing of cultivated meat. The complaint included
Second Circuit Affirms Win for Defendants in Challenge to Glucosamine Labeling on Federal Preemption Grounds
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- Last week the United States Court of Appeals for the Second Circuit affirmed a grant of summary judgment for Defendants Walgreen Co. and International Vitamin Corporation (IVC) on preemption grounds
9th Circuit Holds that State Law Claims Identical to Federal Claims are Not Preempted
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- Last month the U.S. Circuit Court of Appeals for the 9th Circuit reversed a lower court decision and held that claims based on the California Sherman Law, the CA
Consolidated Appropriations Act of 2024 Protects Food Companies Against Lawsuits Targeting Healthy Claims
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- FDA is in the process of updating its regulatory definition of the term “healthy” when it appears as an implied nutrient content claim on food labels. See FDA’s proposed rule
CA Governor Newsom Signs Food Additive Ban into Law
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- This past weekend California governor Gavin Newsom signed Assembly Bill (AB) 418 into law. This bill will prohibit the use of brominated vegetable oil, potassium bromate, propylparaben, and Red No.
9th Circuit Affirms that Challenges to Allegedly Misleading Protein Claims Preempted
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- Yesterday the U.S. Court of Appeals for the Ninth Circuit affirmed (Law360 subscription required) the dismissal of two consolidated appeals on preemption grounds. In both cases, Plaintiffs had argued that
Defense Victory in Mislabeling Lawsuit Affirmed on Preemption Grounds
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- On May 11, 2023, the U.S. Court of Appeals for the 9th Circuit affirmed the District Court’s grant of summary judgment in favor of Walmart and International Vitamin Corporation
A Safety Warning May Be Required for Black Licorice Used in Compliance with a GRAS Regulation
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- Under FDA’s regulations, at 21 CFR 184.1408, black licorice is generally recognized as safe (GRAS) for flavoring uses at specified maximum levels of glycyrrhizin content in food such as