Posts tagged Product Labeling.
Posted in Legal Bites
USDA Solicits Public Comment on Labeling Meat and Poultry Products Derived from Animal Cells

On September 2, 2021, the U.S. Department of Agriculture’s Food Safety and Inspection Service (“FSIS”) published an advanced notice of proposed rulemaking to solicit comments from the public regarding the labeling of meat and poultry products made using cultured cells derived from animals. FSIS stated that it would use those comments to make further regulatory requirements.

FSIS also asked for economic data and consumer research to help increase its understanding of the animal cell culture technology industry and related issues regarding labeling and consumer ...

Posted in Legal Bites
Food Label Modernization Act of 2021 Introduced in House and Senate

On August 4, 2021, Democratic Senators Richard Blumenthal, Sheldon Whitehouse and Ed Markey; and Democratic Representatives Frank Pallone, Jr. and Rosa DeLauro introduced the Food Labeling Modernization Act (“FLMA”) in both houses of Congress. Versions of this bill were introduced in 2015 and 2018, but were unsuccessful.

The press release announcing the new legislation touted it as “an effort to help consumers select healthy products.” The legislation would direct the Secretary of Health and Human Services (“HHS”) to establish a single, standard ...

Posted in Legal Bites
Trader Joe’s Dodges Sticky Situation With Dismissal of Manuka Honey False Advertising Lawsuit

The Ninth Circuit last month upheld a trial court’s decision to dismiss a false advertising lawsuit against Trader Joe’s concerning the store’s labeling of its Manuka honey. The case, Moore et al. v. Trader Joe’s Co., Case No. 19-16618 (9th Cir.), centered around allegations that Trader Joe’s violated multiple states’ consumer protection laws by falsely labeling its Manuka honey as “100% New Zealand Manuka Honey” when, in reality, only about 57-62% of the honey is derived from Manuka nectar.

Manuka honey is created by bees that forage from the Manuka bush, a plant ...

Posted in Legal Bites
Ninth Circuit: Trader Joe’s Chicken Labeling Claims Federally Preempted

On June 4, 2021, a panel of judges from the Ninth Circuit Court of Appeals affirmed the dismissal of consumer poultry labeling claims against Trader Joe’s on the ground that those claims were federally preempted. The consumer claims alleged that Trader Joe’s labels on poultry were misleading under California law because they had different percentages of retained water than was displayed on their labels. 

Poultry labeling, including a retained water data collection process and label production, are regulated by the federal Poultry Products Inspection Act (“PPIA”) and the ...

Posted in Legal Bites
McCormick Poised to Settle “Natural” Spices Case for $3 Million

Parties in another false advertising case surrounding the use of the term “natural” have filed for preliminary approval of a class action settlement. On May 7, 2021, the plaintiff in Megan Holve v. McCormick & Company, Inc., Case No. 6:16-cv-06702-FPG asked a Federal Judge in the Western District of New York to preliminarily approve the parties’ proposed class action settlement to resolve the nearly five-year-old litigation.

Originally filed back in October 2016, plaintiff Holve, purporting to act on her behalf as well as on behalf of both a nationwide class and New York ...

Posted in Legal Bites
FDA Releases Food Safety and Nutrition Survey Results

On March 16, 2021, the Food and Drug Administration (“FDA”) released the results of its 2019 Food Safety and Nutrition Survey (“FSANS”). FSANS is designed to assess consumers’ awareness, knowledge, understanding and reported behaviors relating to a variety of food safety and nutrition-related topics.

Among the key findings of FSANS, the FDA reported

  • Most consumers are familiar with the Nutrition Facts label – 87% of respondents have looked at the Nutrition Facts label on food packages. The top four items that consumers look for on the label are: Calories, Total ...

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