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Labeling and Advertising


Set Alert for Labeling

Judge stays Sargento 'natural' class action pending FDA action

A California federal judge has stayed a class action that alleges Sargento Foods is deceiving consumers by promoting its cheese products as "natural," agreeing with the company that the litigation should be put on hold until FDA completes its rulemaking to define legal uses of the labeling claim. 

US Food Policy Labeling

Legal experts discuss likely targets of future label litigation for food companies

While lawsuits targeting the use of “healthy” and “natural” in food products are not becoming any less popular, food labeling litigation in the future is likely to branch out to additional labeling claims, including those that relate to added sugars, level of processing or the implied use of “natural.” 

US Food Policy Labeling

Petition asks FDA to decide whether almond milk should be labeled ‘imitation milk’

As the debate intensifies over whether plant-based foods should be allowed to use dairy terms on their labels, a Dec. 5 citizen petition is asking FDA to clarify whether “almond milk” is nutritionally inferior to “milk,” and should be labeled as “imitation milk.”

US Food Policy FDA

Mondelez director defends new colour coded Evolved Nutrition Label

A director from one of the six companies that together unveiled the Evolved Nutrition Label at a meeting last week, has spoken out in defence of the portion-based colour coded nutrition labelling scheme.

European Food Law Health and Nutrition

Complying with Canada’s proposed FOP labels will be costly, dairy expert says

As Canada moves on with a plan to introduce mandatory front-of-pack (FOP) labels by 2021, one thing has become clear to American food producers who sell or export to the northern neighbor – complying with the new requirements will be costly. 

US Food Policy Labeling

Court rejects challenge of Dannon's ‘natural’ labeling

A New York federal judge has dismissed a lawsuit that alleged consumers were misled by Dannon's use of the term "natural" on a dozen of its popular yogurt products. 

US Food Policy Biotechnology
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Set Alert for Advertising

Rudd report says food companies can do better in advertising to children

A new report released Monday (Nov. 6) by the Rudd Center for Food Policy and Obesity has found that self-regulatory efforts by some food and beverage producers have been paying off, resulting in reduced child-directed, food-related advertising on TV and online over the past decade. 

US Food Policy Advertising

Appeals court strikes down San Francisco billboard soda warnings

A three-judge federal appeals court panel on Tuesday (Sept. 19) struck down San Francisco’s requirement for black box health warnings for sugary drinks on billboard ads and bus stop signs, finding it “unduly burdened and chilled protected speech.”

US Food Policy Advertising

As transparency in labeling trend advances, companies must consider supply chain, FDLI speakers say

Transparency in food product labeling is becoming increasingly important, as consumers want to know more about how food is made and where it comes from, but companies must carefully consider their supply chain when making certain claims, speakers said during a Wednesday (Sept. 13) session at the Food and Drug Law Institute’s (FDLI) Food Advertising, Labeling and Litigation meeting.  

US Food Policy Labeling

FTC official provides overview of expectations for claims substantiation at FDLI meeting

The Federal Trade Commission (FTC) has strict standards when it comes to providing competent and reliable substantiation of food and dietary supplements claims, and an FTC official gave an overview of some common pitfalls to avoid in designing studies during a Wednesday (Sept. 13) session at Food and Drug Law Institute's (FDLI) Food Advertising, Labeling and Litigation meeting. 
US Food Policy Advertising

Bloomberg funnels $5 million into ads promoting Cook County’s soda tax

While Cook County officials are slated to vote on Sept. 13 on whether to repeal their controversial new penny-per-ounce soda tax, former New York City Mayor Michael Bloomberg is backing up the measure by investing $5 million in an ad campaign to promote the levy. 

US Food Policy Advertising

Honey lawsuit on hold pending FDA action on ‘natural’ claims

A New York federal judge last week upheld a stay on a class action complaint that alleges the Sioux Honey Association's (SHA) use of the term "natural" is deceptive because its honey products contain traces of the herbicide glyphosate.

US Food Policy North America
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Health Claims

Set Alert for Health Claims

Court rejects challenge of Dannon's ‘natural’ labeling

A New York federal judge has dismissed a lawsuit that alleged consumers were misled by Dannon's use of the term "natural" on a dozen of its popular yogurt products. 

US Food Policy Biotechnology

Canada moves ahead with front-of-package labeling

Canada is taking steps to implement its new, mandatory front-of-package (FOP) labeling requirements for food products, and those changes may affect existing FOP food labeling formats, including the “Facts Up Front” initiative by the Grocery Manufacturing Association (GMA) and the Food Manufacturing Institute (FMI).
US Food Policy Health Claims

Researchers say sugar industry pulled funding from 1960s study that suggested harmful effects of sucrose

A new study based on 50-year-old documents has placed the spotlight on the sugar industry by suggesting in the 1960s it suppressed scientific findings linking high sugar consumption with an increased risk of coronary heart disease (CHD) and even cancer. 

US Food Policy Food Policy

ERS study finds saturated fats and fibers rise as sodium and calcium decline

As food companies reduced sodium and trans fats and increased fiber in foods, they increased saturated fats and reduced calcium fortification, a new report from USDA’s Economic Research Service (ERS) found. 

US Food Policy Health Claims

Court lacks appetite for challenge of Chipotle non-GMO claims

A federal appeals court has rejected a request to reconsider its decision to uphold a class action lawsuit that alleged Chipotle misled consumers with its "non-GMO" menu claims. 

US Food Policy Health Claims

Judge dismisses olive oil trade group’s challenge of premium label mark

A federal judge dismissed the North American Olive Oil Association’s (NAOOA) lawsuit against a California olive oil distributor, saying the group lacked standing in its challenge of a premium label mark for olive oil.

US Food Policy Labeling
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Set Alert for Allergens

Stericycle reports a drop in Q3 recalls, but a spike in allergen-related recalls

While FDA recalls in the third quarter of 2017 have declined slightly compared to the first half of the year, the latest quarter also saw a spike in recalls caused by undeclared allergens. 

US Food Policy Allergens

Canadian study finds mislabeling of sausages that contain undeclared meat

A study of retail beef, pork, chicken and turkey sausages sold in Canada found that 20% of samples were mislabeled as containing only a single species of meat when they contained other undeclared species. The mislabeling of meat can pose food safety risks, the study warned.

North America US Food Policy

Raw flour risks must be communicated following outbreak, Canadian health officials recommend

After Canada recently identified its first national outbreak of non-O157 Shiga toxin–producing E. coli infections linked to flour, a new report recommends public health officials do a better job of communicating risks associated with handling and eating raw flour in public health messaging.

US Food Policy Allergens
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Geographical Indications

Set Alert for Geographical Indications

Geographical indications cited as top concern during Senate hearing on chief ag negotiator

Working to block geographical indications (GIs) being pushed by the European Union in its free trade agreements (FTAs) was pegged as a top priority for U.S. agricultural trade during a Thursday (Oct. 5) Senate Finance Committee hearing to consider Gregory Doud’s nomination for chief agricultural negotiator in the Office of the U.S. Trade Representative (USTR). 

US Food Policy Trade Agreements

US groups angered by EU granting PGI status for Danbo cheese

The EU has provoked fierce international criticism by registering the Danish cheese type ‘Danbo’ as a protected geographical indication (PGI) - with US groups in particular expressing their disappointment at the decision. 

European Agricultural Policy US Food Policy

BELTWAY NOTEBOOK: ‘Love’ can’t be listed as food ingredient, FDA says

“Love” can’t be listed as a food ingredient, FDA said in a recent warning letter to Massachusetts-based Nashoba Brook Bakery’s granola, which had listed the emotion as an ingredient in its baked goods.

US Food Policy Compliance and Enforcement
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