Topic: Food & Drug Administration

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Trump FDA relaxes FSMA enforcement

Will Troutman (US)By Will Troutman (US) on Posted in Food & Drug Administration
On Januay 5, 2018, the FDA announced that it will relax enforcement of the Food Safety Modernization Act in specified areas. Our colleagues at the Norton Rose Fulbright Health Law Pulse have put together a brief summary and analysis explaining the announcement, which is likely to have impacts on retailers and their food contact substance … Continue reading

FDA says evaporated cane juice labels are false and misleading

Stephanie Stroup (US)By Stephanie Stroup (US) on Posted in Consumer class actions, Food & Drug Administration
On Wednesday, the FDA issued guidance on the use of the phrase “evaporated cane juice” in order to “enhance consumers’ ability to make informed choices among sweeteners by promoting accurate and consistent labeling.” In an opinion that will have far-reaching implications in the food industry, the FDA concluded that “the term ‘evaporated cane juice’ is false or … Continue reading

Ninth Circuit says “not so fast” for Hain Celestial dismissal

Stephanie Stroup (US)By Stephanie Stroup (US) on Posted in Consumer class actions, Food & Drug Administration, Recent consumer products case law
Last Friday, the Ninth Circuit reversed a holding by the District Court for Southern District of California dismissing “All Natural” false advertising claims against Hain Celestial cosmetics because they were barred by the primary jurisdiction doctrine. The Court stated that dismissal of the claims was the improper result, even if the FDA did have primary … Continue reading

Ninth Circuit says no preemption for Benecol’s “No Trans Fat” label claims

Stephanie Stroup (US)By Stephanie Stroup (US) on Posted in Consumer class actions, Food & Drug Administration, Recent consumer products case law
Reversing an order from the Southern District of California, the Ninth Circuit has held that state law false advertising claims based on “No Trans Fat” statements on the butter/margarine substitute Benecol are not preempted by federal law. Robert Reid filed class claims for violations of California’s Consumer Legal Remedies Act, Unfair Competition Law and False … Continue reading

FDA calorie and nutrition labels foreshadow possible global standards

Stephen GilesShaun TembyBy Stephen Giles and Shaun Temby on Posted in Food & Drug Administration, Recent legislation and regulations
The US Food and Drug Administration finalized its rules requiring the listing of calorie information on menus and menu boards of certain food sellers. The rules apply to chains with at least 20 units operating under the same name (irrespective of the ownership structure) and vending machines with at least 20 locations. The new rules … Continue reading

One plaintiff not enough to prove advertising likely to deceive reasonable consumers

Matthew GurvitzBy Matthew Gurvitz on Posted in Consumer class actions, Food & Drug Administration, Recent consumer products case law
It seems that lately, all it takes to bring a false advertising class action regarding “all natural” or “no sugar added” representations on product packaging is the say-so of one consumer who claims the representations are misleading (even though they might not be technically “false”). Indeed, at the motion to dismiss stage, courts tend to … Continue reading

Formula for Disaster: FTC sues Gerber for falsely advertising baby formula as “FDA Approved”

By on Posted in Food & Drug Administration
Last week the FTC sued Gerber Products Co., alleging that it has no basis for asserting that its Good Start Gentle baby formula reduces the risk of infant allergy development and that these health claims were falsely advertised as “FDA Approved.” Whether to identify products as “FDA Approved” raises important questions for companies considering using … Continue reading

E-cigarette flavor found to contain chemical associated with lung disease

Stephanie Stroup (US)By Stephanie Stroup (US) on Posted in Food & Drug Administration, Recent legislation and regulations
A recent investigation conducted by the BBC has concluded that an e-cigarette flavoring purchased in Northeast England contained a potentially harmful chemical that has been associated with the lung condition known as “popcorn worker’s lung.” The British television program, Inside Out, purchased four liquid refills for the e-cigarettes and sent them for laboratory testing. While three … Continue reading

Pom Wonderful ditches appeal of state law preemption ruling

Stephanie Stroup (US)By Stephanie Stroup (US) on Posted in Consumer class actions, Food & Drug Administration
On September 22, 2014, the Ninth Circuit approved Pom Wonderful’s request to drop its appeal of U.S. District Judge S. James Otero’s February 2013 order holding that Pom’s UCL and FAL false advertising claims are preempted by the federal Food Drug and Cosmetics Act.  The Ninth Circuit dismissed the appeal with prejudice. By way of … Continue reading

Breadth of primary jurisdiction expanded in class actions

Matthew GurvitzBy Matthew Gurvitz on Posted in Consumer class actions, Food & Drug Administration, Recent consumer products case law
The doctrine of primary jurisdiction gained ground in false advertising litigation, as Judge Sammartino of the Southern District of California dismissed a putative class action against Kashi Company because FDA signaled that it was reevaluating draft guidance that served as a partial basis for the plaintiffs’ complaint. In Saubers v. Kashi Co., 2014 WL 3908595 … Continue reading

All natural: FDA silence continues to create problems for false advertising defendants

Stephanie Stroup (US)By Stephanie Stroup (US) on Posted in Consumer class actions, Food & Drug Administration
In recent years, a rash of consumer class actions have been filed alleging false or misleading advertising where a product is marketed as “natural,” “all-natural,” “made from 100% natural ingredients,” or other similar representations when the product allegedly contains some synthetic product or was processed in some way that does not occur in nature.  These … Continue reading
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