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Labeling and Advertising

Labeling

Set Alert for Labeling

FDA grants flexibility on menu labeling for restaurants during pandemic

FDA is granting temporary flexibility on menu labeling as the COVID-19 public health crisis has forced unprecedented changes to the business model for most restaurants and restaurant chains nationwide.

US Food Policy Compliance and Enforcement

Court denies bid to stay CBD class action

A Florida federal judge has rejected a CBD company’s request to stay a lawsuit that alleges it overstated the amount of cannabidiol in its products, concluding any action by FDA to regulate CBD is “unlikely to affect the outcome” of the false advertising class action.

US Food Policy Advertising

Industry, advocates share views on FDA’s pending proposal to update ‘healthy’ on food labels

While FDA’s proposed rule defining the “healthy” claim is still waiting for release, at least one expert has laid out her predictions for what mandates may be included in FDA’s proposal.

US Food Policy Food Policy

USDA resisting calls to extend deadlines for GMO disclosure rule

USDA is in no rush to grant requests to delay the compliance dates for its GMO disclosure rule, an official with the Agricultural Marketing Service (AMS) told attendees of a Food and Drug Law Institute (FDLI) conference on Thursday (March 26).

US Food Policy US Agricultural Policy

COVID-19 will accelerate consumer migration to online grocery shopping, FDA's Yiannas tells FDLI

The threat of COVID-19 is changing consumers’ grocery habits and helping accelerate the migration of American shoppers to online food shopping – a trend that is unlikely to change after the emergency passes.

US Food Policy Compliance and Enforcement

COVID-19 prompts FDA to postpone enforcement of new Nutrition Facts, offer other labeling flexibilities

Driven by the COVID-19 outbreak, FDA announced late Thursday (March 27) it is providing food companies with new labeling flexibilities, including an additional six months to comply with the mandates of the new Nutrition Facts labels.

US Food Policy Compliance and Enforcement
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Advertising

Set Alert for Advertising

Court denies bid to stay CBD class action

A Florida federal judge has rejected a CBD company’s request to stay a lawsuit that alleges it overstated the amount of cannabidiol in its products, concluding any action by FDA to regulate CBD is “unlikely to affect the outcome” of the false advertising class action.

US Food Policy Advertising

Bayer settles Roundup false advertising class action

Bayer has agreed to pay $39.5 million to settle a class action that alleges Monsanto’s advertising of its Roundup weedkiller products was misleading and will also change labels to clarify the contested language.

US Agricultural Policy US Food Policy

Court tosses out ranchers' checkoff challenge

A federal judge in Montana has dismissed a lawsuit brought by ranchers upset with USDA’s beef checkoff program, concluding the activities of 15 state beef councils are legal and do not violate the free speech provisions of the US Constitution.

US Agricultural Policy US Food Policy

FSIS ready to wrangle US beef identity label claims

USDA’s Food Safety and Inspection Service (FSIS) plans to launch a rulemaking to clarify US beef origin labeling regulations, agreeing with concerns that consumers are currently confused by label claims like “Product of USA” and “Made in the USA.”

US Agricultural Policy US Food Policy

Court urged to deny Bayer's appeal of glyphosate cancer verdict

A cancer victim awarded some $80 million in damages for alleged exposure to Monsanto’s glyphosate-based herbicides has called on a federal appeals court to reject Bayer’s bid to reverse the decision, arguing the company’s appeal “retells a narrative the jury already considered and rejected.”

US Agricultural Policy US Food Policy

FDA/FTC demand corrective action on false claims for COVID-19 products

Seven companies marketing products with unsupported claims about COVID-19 treatment received joint warning letters this week from FDA and the Federal Trade Commission (FTC) – both agencies particularly concerned about products containing colloidal silver, which they say is not safe to consume nor effective against any known disease or condition.

US Food Policy Advertising
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Health Claims

Set Alert for Health Claims

Industry, advocates share views on FDA’s pending proposal to update ‘healthy’ on food labels

While FDA’s proposed rule defining the “healthy” claim is still waiting for release, at least one expert has laid out her predictions for what mandates may be included in FDA’s proposal.

US Food Policy Food Policy

NIH study links tofu, plant proteins to heart health

A new study funded by the National Institutes of Health (NIH) has found a connection between consumption of a compound found in tofu and plant proteins and a lower risk of heart disease, particularly for younger women and postmenopausal women.

US Food Policy Food Policy

Day ahead – March 19, 2020: HOS exemptions, USDA Service Centers, ‘healthy’ label claims; China ag buys

The Department of Transportation (DOT) expanded exemptions to hours of service (HOS) trucking rules amid the COVID-19 pandemic. Meanwhile, USDA is asking farmers to call before going to USDA Service Centers, FSIS expanded the definition of “healthy” for meat and poultry labels and China continues to purchase US ag goods despite the impacts of coronavirus.

US Agricultural Policy US Food Policy

FDA/FTC demand corrective action on false claims for COVID-19 products

Seven companies marketing products with unsupported claims about COVID-19 treatment received joint warning letters this week from FDA and the Federal Trade Commission (FTC) – both agencies particularly concerned about products containing colloidal silver, which they say is not safe to consume nor effective against any known disease or condition.

US Food Policy Advertising

Irish authority finds CBD products breach food law

A survey of 38 CBD products sold on the Iris market has been carried out by the Food Safety Authority of Ireland (FSAI). The authority found that the majority of products analysed were in breach of various articles of food law and some posed potential safety risks for consumers.

European Food Law US Food Policy

Besides glyphosate, food companies have hands full with Prop 65 labeling issues

While the glyphosate battle continues over Proposition 65 warnings, there are other food issues that food and beverage companies should keep an eye on, said two legal experts last week.

US Food Policy Additives
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Allergens

Set Alert for Allergens

FDA should allow flexibility in labeling foodservice products diverted to retail

As foodservice items as diverted to retail during the COVID-19 crisis, food and beverage companies are asking FDA for flexibility in enforcing food labeling rules, and to allow more time to comply with the revamped Nutrition Facts labels for packaged foods.

US Food Policy Allergens

FDA served with lawsuit over 'heme' in Impossible Burgers

The Center for Food Safety (CFS) has gone to court to contest FDA’s decision to allow use of genetically engineered soy leghemoglobin as a color additive in the Impossible Burger, alleging the agency’s review fell far short and should be overturned.

US Food Policy Additives

Bipartisan bill seeking to label sesame as a food allergen set for House subcommittee markup

A bipartisan bill seeking to add sesame to the list of Big Eight allergens that would mandate warnings on product labels is scheduled for markup in the Health Subcommittee for the House Committee on Energy and Commerce Wednesday (March 11).

US Food Policy Allergens
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Geographical Indications

Set Alert for Geographical Indications

US dairy interests warn of risks from EU use of GIs

The US dairy industry is urging lawmakers to work with the White House to address the growing use of geographic indicators (GIs) by the EU and other countries to limit trade, warning that the issue is posing major headaches for dairy farmers and other US ag and food interests.

US Food Policy US Agricultural Policy

Blockchain can improve traceability across the food supply chain – Smart Farming event

EU officials and farming representatives have highlighted the potential of blockchain applications to improve traceability and market transparency across the food supply chain.

EU European Agricultural Policy

USDA’s Perdue: Not clear coronavirus will impact China buys of US ag goods

It is unclear whether the coronavirus outbreak may affect China’s ag purchase commitments under the Phase One US-China trade deal, according to USDA Secretary Sonny Perdue in a call today (Jan. 29) intended to update on US and European Union (EU) trade discussions this week.

US Agricultural Policy US Food Policy
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