A Food and Beverage Law Blog
Monday, April 3, 2017
Written by in: Packaging

There is a recent proliferation of slack fill litigation involving food products – both class and non-class suits. If you are a food manufacturer, distributor or seller, you need to be prepared to deal with these claims. A good starting point, particularly for manufacturers, is to analyze your food packaging designs to determine if and Read More

Tuesday, July 12, 2016

Bryan Cave attorney Merrit Jones recently published two client alerts regarding California’s Prop 65 that impact the food and agriculture industries. The first alert relates to the bisphenol-A (BPA) listing that took effect on May 11, 2016.  Already, two notices of violation have been served alleging harmful exposure to the chemical without providing a warning. Read More

Wednesday, July 6, 2016

The current food label will soon be no more. After two decades, the Food and Drug Administration (FDA) just finalized the new Nutrition Facts label for packaged foods. Making it easier for consumers to make better informed food choices, the FDA announced that the changes are based a combination of public input, updated scientific information, Read More

Thursday, October 23, 2014

You may recall prior Digest posts regarding the World Trade Organization’s evaluation of the validity of the US Country of Origin Labeling (“COOL”) law. On Monday, the WTO decided against the United States and has held that the COOL violates international fair trade rules. This is the third time the WTO has found COOL to be Read More

Thursday, July 31, 2014

Yesterday, a D.C. Circuit decision came down upholding the country of origin labeling requirements (“COOL”). COOL is the law that requires retailers licensed under the Perishable Agricultural Commodities Act to, among other things, label certain meat products with information regarding where the animal was born, raised, and slaughtered. In yesterday’s ruling, the Court took an expansive approach to the Zauderer Read More

Wednesday, July 30, 2014
Written by in: Labeling , Packaging

Defendants often raise ascertainability when opposing class certification in food, beverage, and personal care products labeling litigation. District courts in the Ninth Circuit, however, sometimes reach different conclusions regarding a putative class representative’s burden when it comes to establishing ascertainability. Indeed, the subject has led to divergent decisions in the Northern District of California (often Read More