- 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
PREEMPTION
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
9th Circuit Holds that Structure/Function Claims Are Preempted
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- Last month, the United States Court of Appeals for the 9th Circuit affirmed a grant of summary judgment in favor Target and other defendants in a class action lawsuit
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Continue Reading 9th Circuit Holds that Structure/Function Claims Are Preempted
Conagra Successfully Defends Against Complaint of Deceptive Fat and Calorie Content Labeling for Parkay Spray
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Conagra Slips Out of Parkay Spray False Ad Suit (subscription to Law360 required)
- The Nutrition Labeling and Education Act (NLEA) requires food intended for human consumption and offered for sale
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,
Conflict-Obstacle Preemption Bars All State-Law Claims Which Effectively Challenge a Certification Decision Pursuant to the Organic Food Production Act (OFPA)
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2nd Cir. Affirms Dismissal of Organic Baby Food Claims (subscription to Law360 required)
- The U.S. Court of Appeals for the 2nd Circuit ruled against plaintiffs in Marentette v. Abbott Laboratories,
California Provision Goes Slack
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Federal law preempts California slack fill challenges for USDA-regulated products.
- Under the California Fair Packaging and Labeling Act, companies can be challenged for including “nonfunctional slack fill” in product packaging.