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Labeling and Advertising

U.S. Supreme Court declines to review ConAgra GMO class action case

The U.S. Supreme Court on Tuesday declined to consider ConAgra's request to overturn certification of a class action that alleges the company is deceiving consumers by labeling cooking oils made from genetically engineered crops as "100% Natural." 

US Food Policy Health Claims Labeling

Labeling

Set Alert for Labeling

Panera protests extending compliance dates for FDA’s new Nutrition Facts label

Food retailer Panera Bread has registered strong opposition to FDA’s proposed delay for compliance with the agency’s revised Nutrition and Supplement Facts label, which is likely to be pushed back to 2020. 

US Food Policy Labeling

Plaintiffs say Trump’s agenda dims chances for ‘natural’ rule in challenge to Kix labels

Plaintiffs who filed a class action against General Mills challenging use of the term "natural" on its Kix cereal labels say a federal judge should lift a stay on their complaint because the Trump administration's anti-regulatory agenda is unlikely to address the legal confusion around the labeling claim.

US Food Policy Labeling

Campaign against ‘fear-based’ labeling adds big names to the list

A campaign to stop “fear-based” food labeling, called “Peel Back the Label,” has added food companies Perdue, Tysons, Living Fresh, Cuties, and Del Monte to its hall of shame. The companies have deceptively used either “non-GMO” or “No Added Hormones/Steroids” to their product labels, the campaign says.

US Food Policy Labeling

FDA’s Gottlieb talks job changes, nutrition labeling this week

While FDA Commissioner Scott Gottlieb has been mentioned as a possible successor to departed Health and Human Services (HHS) Secretary Tom Price, he does not appear eager to pursue the Cabinet post.

US Food Policy Health Claims

Child obesity rises tenfold, food taxes and labelling “won’t be enough”

The number of obese children and adolescents worldwide has risen tenfold in the past four decades, the World Health Organisation (WHO) revealed today. And single interventions such as taxing sugary drinks or the use of food labelling will not be sufficient to tackle the issue, obesity experts have said.

European Food Law US Food Policy

Codex committee to discuss front-of-package labeling this month

A Codex committee at next week’s meeting in Paraguay plans to discuss whether Codex should write general guidelines for front-of-package (FOP) nutrition labeling.

US Food Policy Labeling
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Advertising

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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

NAD tells Sanderson Farms to reign in ads on ‘raised without antibiotics’ claims

The National Advertising Division (NAD) has recommended that poultry producer Sanderson Farms stop advertising that “raised without antibiotics” claims on the labels of competing products are a marketing gimmick or trick. But NAD found the company can use statements that no chicken sold in grocery stores has antibiotics in it. 

US Food Policy Advertising
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Health Claims

Set Alert for Health Claims

Plaintiffs say Trump’s agenda dims chances for ‘natural’ rule in challenge to Kix labels

Plaintiffs who filed a class action against General Mills challenging use of the term "natural" on its Kix cereal labels say a federal judge should lift a stay on their complaint because the Trump administration's anti-regulatory agenda is unlikely to address the legal confusion around the labeling claim.

US Food Policy Labeling

Campaign against ‘fear-based’ labeling adds big names to the list

A campaign to stop “fear-based” food labeling, called “Peel Back the Label,” has added food companies Perdue, Tysons, Living Fresh, Cuties, and Del Monte to its hall of shame. The companies have deceptively used either “non-GMO” or “No Added Hormones/Steroids” to their product labels, the campaign says.

US Food Policy Labeling

FDA’s Gottlieb talks job changes, nutrition labeling this week

While FDA Commissioner Scott Gottlieb has been mentioned as a possible successor to departed Health and Human Services (HHS) Secretary Tom Price, he does not appear eager to pursue the Cabinet post.

US Food Policy Health Claims

Company attorneys discuss FSMA, marketing claims, preemption concerns

The Food Safety Modernization Act (FSMA) allows flexibility and that can be “tricky” when it comes to FDA enforcement, said Meredith Olearchik, vice president and associate general counsel for Campbell Soup Company, at a Sept. 14 meeting sponsored by the Food and Drug Law Institute (FDLI). 

US Food Policy FSMA

Podcast: What does Brexit mean for food labelling?

UK food labelling has on a number of occasions been seen to be out of step with the rest of the EU, so can we expect even more divergence post-Brexit as British exporters seek out new global markets?

European Food Law European Agricultural Policy

FDA approves first qualified health claim to prevent food allergies in children

In a landmark decision, FDA announced on Thursday (Sept. 7) it has approved a petition for a qualified health claim linking early introduction to peanuts with the prevention of peanut allergies.

US Food Policy Health Claims
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Allergens

Set Alert for 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

AMS proposes pathogen reduction in hazelnut marketing order in response to outbreak

USDA’s Agricultural Marketing Service (AMS) recently proposed a change to a marketing order for hazelnuts to include pathogen protection, which the agency says would help industry comply with FDA food safety guidelines under the Food Safety Modernization Act (FSMA).

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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